New Delhi, 17 October— Noted jurist and an Independent MP Kapil Sibal today took the Modi government head on accusing it of curbing the right to dissent by denotifying Jantar Mantar as a designated protest site while underlining that demonstrations had effectively become a “crime” in the country.
Expressing confidence that the Supreme Court would step in to safeguard citizens’ right to protest, former Union Minister in the Dr Manmohan Singh government also criticised the government over unemployment, economic distress and declining public investment, arguing that public confidence in its leadership had eroded.
Stating that the country would be better off if the government left office sooner rather than later, Sibal said: “We are in a situation where protest has become a crime. In other words, the right to protest has become a crime, even though the right to protest is a fundamental right in our country. But it’s no longer a fundamental right”.
Addressing an online press conference, the noted advocate questioned the decision to denotify Jantar Mantar as a protest site, saying that people could now protest at Ramlila Maidan, but the ongoing Dussehra festivities would make it impossible to hold demonstrations there.
“Why should I have to go to Ramlila Maidan when I had a protest site, and why should you have cancelled it?” he asked.
Sibal alleged that violence during the earlier protest at Jantar Mantar had erupted due to the actions of outsiders, drawing the attention to the fact that a truck carrying stones had been brought to the site without any explanation.
The Rajya Sabha MP also alleged that unidentified people and police personnel in plain clothes had perpetrated violence, and claimed that protesters were dragged and lathi-charged, with women assaulted.
Sibal further alleged that restrictions were imposed on transport services during protests, including the suspension of Metro services and restrictions on trains entering Delhi.
Citing examples from other countries, he said cities such as New York, London and Paris had designated spaces in their centres where people could demonstrate near important government institutions.
“Within New York City, you can protest at the Union Square or Greenwich Village. And this is at the centre of the city. If it’s London and you want to protest against Parliament or any legislation, you have Parliament Square itself next to Parliament, Speaker’s Corner at Hyde Park, Trafalgar Square, or outside Downing Street at Whitehall. In France, out of several sites in the centre of Paris, you have the Bastille, the Concorde, Trocadéro — all in the centre of Paris,” he said.
Questioning why India should be an exception, Sibal accused the government of promoting democratic values abroad while restricting freedom of speech at home.
“That’s what you say — that we are Vishwaguru, that our democratic traditions are a beacon for the rest of the world. That’s what you go outside the country and talk of — diversity and freedom of speech — whereas you throttle it within the country,” he said.
“The pressure cooker is going to burst one of these days, and it’s going to be all your fault,” he said, warning the government.
Referring to Article 19(1) of the Constitution, Sibal said the right to protest was subject to reasonable restrictions on grounds including state security and public order.
He maintained that earlier demonstrations at Jantar Mantar had been peaceful and claimed that Jantar Manta 2.0, on the 10th of October, would also have been peaceful.
He noted that a procession taken out by Rahul Gandhi and INDIA bloc partners towards the Supreme Court had also passed off without violence.
Sibal questioned why young people seeking to protest were being treated differently and asked what threat such demonstrations posed to the state.
“There is no danger to the State. What is in danger is the continuation of this government, because this government has lost its credibility in the eyes of the people,” he said, attributing public discontent to unemployment, economic difficulties and reduced public investment.
Expressing confidence that the Supreme Court would protect people’s right to protest, Sibal said the government had not been able to “capture” the apex court.
He also alleged that the voters’ list had been manipulated in 2024 because electoral systems were centralised, and questioned the government’s support for Chief Election Commissioner Gyanesh Kumar.
“The reason why Gyanesh Kumar is so dear to them is that if Gyanesh Kumar resigns or is dismissed in whatever way, we will know exactly who gave the orders for Gyanesh Kumar to do what he was doing. I think that the voters’ list was also manipulated in 2024 because systems were centralized,” he said.
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