The Supreme Court on Thursday sought the Centre’s response to a petition challenging the de-notification of Delhi’s Jantar Mantar as a designated protest site, questioning whether its October 9 order had been relied upon to justify the move.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued notice on the plea filed by advocate Swaty Singh, according to Bar and Bench. The petition challenges the removal of Jantar Mantar from the list of designated protest venues, arguing that the decision infringes upon the fundamental rights to freedom of speech and expression and peaceful assembly.
During the hearing, the bench questioned whether the authorities had relied on the Supreme Court’s October 9 order while de-notifying the site. The court sought the Centre’s response and indicated that it would consider the government’s explanation before deciding on the matter, Bar and Bench reported.
Solicitor General Tushar Mehta, appearing for the Centre, told the bench that the October 9 order was not the basis for the decision. He submitted that a committee had been constituted earlier to examine alternative venues for demonstrations and had prepared a detailed report, according to Bar and Bench.
The petitioner's counsel challenged the decision to remove Jantar Mantar as a designated protest venue, arguing that the location of demonstrations was central to the effective exercise of the right to protest. The plea maintains that protesters must be able to communicate their grievances to the authorities concerned and that restrictions on demonstrations cannot render fundamental rights ineffective.
Senior advocate Mukta Gupta appeared for petitioner Swaty Singh, according to the reports on the proceedings.
The Delhi Police had told the Delhi High Court on Tuesday that Jantar Mantar was de-notified pursuant to the Supreme Court’s October 9 order. The statement brought the decision under scrutiny, with the Supreme Court now seeking clarification from the Centre on the basis for the move.
Delhi Police Commissioner Anurag Kumar issued a standing order on October 11 de-notifying Jantar Mantar as a designated protest venue. Three alternative locations, Ramlila Ground, Burari Ground and CBD Ground in East Delhi — were designated for demonstrations.
On October 9, the Supreme Court had asked the authorities to reconsider the decades-old practice of holding protests at Jantar Mantar and consider alternative locations with better facilities for peaceful demonstrators. It recorded that the Delhi Police commissioner and other competent authorities would examine the proposal and take an appropriate decision.
The petition also invokes the Supreme Court’s 2018 judgment in Mazdoor Kisan Shakti Sangathan v. Union of India, which dealt with restrictions on demonstrations at Jantar Mantar and the Boat Club in Delhi. It argues that the right to peaceful assembly must be balanced against public-order concerns without effectively denying citizens a meaningful avenue to protest.
The Centre’s response to the notice is awaited.