NEW DELHI: A priest from the Kalkaji temple has approached the Supreme Court, challenging the prohibitory orders issued by the Delhi Police, which ban the assembly of five or more persons, dharnas, and protests in Delhi from 30 September to 5 October (both days inclusive).
Sunil, the petitioner, a priest and Secretary of the Manas Naman Sewa Society, which organises the grand Ramlila fair in Chirag Delhi, sought relief from the court, stating that the Delhi Police’s orders would prevent the Ramlila festivities, scheduled to commence on 3 October. He argued that the prohibitory orders would hinder religious celebrations during this period.
The petitioner highlighted that the Navratras, a religiously significant period, starts on 3 October, during which numerous religious gatherings and festivals traditionally take place.
“Dusshera and Navratri are around the corner. However, the Delhi Police's prohibitory order will prevent such festivals and religious gatherings,” Sunil said, requesting the court to issue appropriate directions against the Delhi Police’s directive.
The Delhi Police, on 30 September, invoked Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), issuing the prohibitory order in New Delhi, North, and Central Districts, and all police stations with jurisdiction over Delhi borders, for a period of six days.
The order prohibits (i) assembly of five or more unauthorised persons, (ii) carrying of firearms, banners, placards, lathis, spears, swords, sticks, brickbats, etc., and (iii) picketing or dharnas in any public area.
“The general atmosphere in Delhi was sensitive from a law and order perspective in light of the proposed Waqf Amendment Bill, the MCD Standing Committee election issue, the DUSU elections, and calls by various organisations for protests,” the Delhi Police stated in its order.
Opposing this, the petitioner submitted that there was no reasonable basis for issuing such a broad prohibitory order. “Instead of issuing broad and sweeping orders against the legitimate activities of the citizens, the Respondent (Delhi Police) simply seeks to evade them by trying to prohibit legitimate gatherings that would ordinarily take place in a plural and thriving metropolis such as Delhi,” the plea said.
The petitioner argued that the Delhi Police’s order severely hinders the day-to-day lives of individuals and infringes upon fundamental rights under Articles 14, 19(1)(b), 19(1)(d), 21, and 25 of the Constitution, causing grave hardship to the rights, lives, and livelihoods of Delhi’s citizens.
“The order has also resulted in an atmosphere of fear, with a significant number of Delhi residents concerned about the implications on their religious beliefs and traditions,” the petition added.
The petitioner relied on various judgements, including Madhu Limaye vs. SDM (1970) and Anuradha Bhasin vs. Union of India (2020), which held that orders under Section 144 CrPC (the predecessor of Section 163 BNSS) cannot be issued routinely and must be limited to exceptional circumstances.
