Supreme Court agrees to list plea over protests at Delhi’s Jantar Mantar

The Supreme Court has indicated that it will list a petition alleging that Delhi Police is preventing peaceful protests and marches to Jantar Mantar in New Delhi. The petition was orally mentioned before a Bench headed by Chief Justice of India Surya Kant on Monday. The application relates to demonstrations following allegations of misconduct against Chief Election Commissioner Gyanesh Kumar and demands for his removal.

Counsel appearing before the Bench alleged that the police had not allowed students, ordinary citizens, political party leaders, legislators and members of Parliament to protest peacefully. The petition seeks directions requiring the police to permit such demonstrations. The lawyer told the court that the right to peaceful protest is recognised by the Constitution and has been endorsed by the Supreme Court as a fundamental right under Article 19.

Chief Justice Kant responded that the petition would be listed and that the arguments could then be made before the court. The Bench did not, at the stage described in the report, issue a substantive order directing the police to allow a particular protest. The allegations in the petition have not been tested through a final judicial finding.

The available material also does not give the Delhi Police’s response to the claims or specify when the petition will be taken up for detailed hearing. The court’s decision to list the matter will allow the petitioner to present its request for judicial directions. Further proceedings will determine how the court addresses the alleged restrictions and the constitutional issue raised by the petition.