New Delhi, Nov. 3: Delhi Police on Tuesday told the Supreme Court that Jantar Mantar should not have been a designated protest venue as it is a public road with limited capacity to accommodate large gatherings and lies close to sensitive Central government offices, institutions and foreign embassies. It also maintained that there is no fundamental right to protest at a particular site.
In an affidavit filed in response to a petition challenging the de-notification of Jantar Mantar, Delhi Police Commissioner Anurag Kumar said the site could accommodate about 1,500 persons and was not large enough to accommodate bigger demonstrations.
The affidavit referred to a protest by the Cockroach Janta Party in July, stating that the gathering had far exceeded Jantar Mantar’s stated capacity and highlighted the difficulties in managing large crowds at the site.
It said that within three to four kilometres of Jantar Mantar there are around 78 embassies and missions and 99 Central government offices, which together witness a daily footfall of about 1,46,040 persons. Nearly 64,500 residents also live in the surrounding areas.
According to Delhi Police, these considerations, coupled with the site’s limited capacity and its location amid sensitive administrative and diplomatic establishments, justified its removal from the list of designated protest venues.
The affidavit said the decision was an administrative and executive one taken by the Delhi Police Commissioner on the unanimous recommendation of a committee constituted by the Union Home Ministry.
It also referred to law-and-order and policing concerns in the area, citing distress calls, theft cases, vehicle thefts, property-loss complaints and cases involving public-order violations during August this year.
Delhi Police further contended that the significance once attached to a protest venue being physically close to the seat of government had diminished in the age of digital communication and social media.
The affidavit was filed in response to a petition by advocate Swaty Singh, who has challenged the de-notification on the ground that shifting protests away from Jantar Mantar undermines the rights to freedom of speech and peaceful assembly.
The Supreme Court had, on October 15, sought the Centre’s response and questioned whether the de-notification followed its October 9 order or was based on an independent assessment of Jantar Mantar as a protest venue.
The controversy arose after the Delhi Police Commissioner, by an October 11 standing order, de-notified Jantar Mantar and designated Ramlila Ground, Burari Ground and CBD Ground in East Delhi as alternative protest sites.
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
