New Delhi, Oct. 15: The Supreme Court on Thursday sought the Central government’s response on a petition challenging the de-notification of Jantar Mantar as a designated protest venue and asked whether the decision was taken in the wake of its October 9 order.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi, while seeking the Centre’s response on the petition which also seeks restoration of Jantar Mantar as a designated protest venue, asked whether the de-notification was prompted by “some oral observations of the Court, or was there an application of mind with regard to the site and its efficacy in being used as a common protest site?”
Solicitor General Tushar Mehta, appearing for the Centre, said the Supreme Court’s order was not the basis of the decision. He submitted that a committee had been constituted earlier and had subsequently given a detailed report recommending alternative protest venues.
Delhi Police had, however, told the Delhi High Court on October 13 that the decision was taken on the basis of the Supreme Court’s October 9 order. The Central government, before the Supreme Court on Thursday, disputed that this formed the basis for the de-notification.
Senior advocate Mukta Gupta, appearing for the petitioner, argued that the right to peaceful protest could not be reduced to a formality. Relying on the Supreme Court’s Mazdoor Kisan Shakti Sangathan judgment, she submitted that a protest site must remain sufficiently close to the seat of government for grievances to be effectively heard.
Justice Bagchi said the court was issuing notice and would examine the government’s explanation before deciding the matter. “We are issuing notice. We are getting a response from them. After the response, if we are not satisfied, the law will follow its course,” he said, adding that the petitioner had raised the issue of Jantar Mantar’s proximity to the seat of political and administrative authority.
CJI Kant added: “We ask you to argue because we have done our homework. We know the points. It requires consideration. That is why we are issuing notice.”
Senior advocate Gopal Sankaranarayanan also urged the court to direct that Jantar Mantar be re-notified as a protest site, contending that its removal had been linked to the court’s earlier order.
The bench said it would first call for the government’s reasons for the de-notification and then examine the challenge.
The controversy arose after Delhi Police Commissioner Anurag Kumar issued a standing order on October 11 de-notifying Jantar Mantar and designating Ramlila Ground, Burari Ground and CBD Ground in East Delhi as alternative protest venues.
The petition, filed by advocate Swaty Singh, contends that removing Jantar Mantar as a protest site undermines the rights to free speech and peaceful assembly by shifting demonstrations away from the institutions and audiences they are intended to address.
Pramod kumar is a Senior Journalist, Covering Supreem Court of India
