The Delhi Police on Tuesday informed the Supreme Court that Jantar Mantar is no longer suitable for protests and that a public road should not have been designated as a permanent protest site, citing concerns over public safety, traffic congestion, emergency access, and the security of vital installations.
In a counter affidavit filed before Chief Justice of India Surya Kant in a separate petition by Swaty Singh, Delhi Police Commissioner Anurag Kumar defended the decision to de-notify Jantar Mantar as a designated protest site, saying the decision was taken after considering the recommendations of a committee constituted by the Union Home Ministry, which had unanimously found the site unsuitable for protests and demonstrations.
The commissioner said the decision was not taken in pursuance of the Supreme Court’s October 9 order in another matter, as the Government had been considering the proposal to change the designated protest venue for a considerable period.
The committee was constituted on August 26, and the home ministry received its report in September, well before the apex court’s October 9 order, the affidavit said.
Kumar said Jantar Mantar witnesses over 1,300 protests and demonstrations annually, while its assessed maximum capacity is around 1,500 people. He said the large gatherings often constrain access for emergency services such as ambulances and fire brigades and create the risk of stampedes.
Explaining the reasons for the latest decision, the affidavit stated that Jantar Mantar had witnessed an average of more than 1,300 protests and demonstrations annually, placing considerable pressure on the surrounding infrastructure.
It maintained that the venue had an assessed capacity of approximately 1,500 people, but the gathering on July 20, 2026, exceeded that limit.
The Commissioner further pointed out that the area had 78 foreign embassies, diplomatic missions and international organisation offices within a radius of three to four kilometres. Besides, 99 Central Government offices and institutions, including the Reserve Bank of India, were located in the same vicinity, attracting an estimated daily footfall of 1.46 lakh people.
Kumar maintained that the decision followed an assessment of the changing ground situation and the unanimous recommendations of a committee constituted by the Union Ministry of Home Affairs (MHA).
The affidavit has been filed in response to a writ petition by advocate Swaty Singh, who challenged the Delhi Police’s October 11 decision to remove Jantar Mantar from the list of designated protest venues.
The petition, registered as Writ Petition (Civil) No. 1357 of 2026, questions the decision on constitutional grounds, arguing that shifting demonstrations away from the national capital’s administrative centre could undermine the right to peaceful protest.
Rejecting the contention that the decision followed the Supreme Court’s October 9 order, Kumar submitted that the process had begun much earlier. According to the affidavit, the MHA had constituted a committee through an office memorandum dated August 26 to examine the suitability of continuing Jantar Mantar as a designated protest site and identify alternatives. The committee’s report reached the Home Ministry in September and was subsequently forwarded to Delhi Police through a letter dated September 14.
The Commissioner also referred to the Supreme Court’s July 23, 2018, directions in a case on regulating protests at Jantar Mantar. The court asked Delhi Police to frame guidelines, in consultation with relevant agencies, to ensure demonstrations did not disrupt residents and offices in the surrounding areas. Delhi Police subsequently issued Standing Order No. 10/2018, which revised guidelines in April 2022.
The affidavit also cited approximately 7,017 private residential housing units accommodating 36,685 people and 5,349 Government residential units housing another 27,881 people in the surrounding areas. It said repeated demonstrations and traffic congestion affected residents, commercial establishments and the movement of emergency services.
The affidavit raised particular concern about Ram Manohar Lohia Hospital’s proximity to Jantar Mantar. According to the affidavit, traffic disruptions during protests had, on several occasions, obstructed the movement of patients and ambulances, potentially affecting access to emergency medical services.
To support its contention regarding the deteriorating law-and-order situation, Delhi Police cited its records for August 1 to 27, 2026.
During this period, the concerned stretch of Jantar Mantar reportedly accounted for around 250 distress calls, 109 theft FIRs, 10 vehicle-theft FIRs, 254 property-loss complaints, 23 FIRs relating to public-order violations, rioting and defacement, and 14 cases under various provisions of the Delhi Police Act.
Following the committee’s recommendations, three alternative locations were identified for demonstrations: Ramlila Maidan in Central Delhi, CBD Ground in East Delhi and Burari Ground in North Delhi.
The committee considered these locations suitable after examining public safety, law-and-order requirements, traffic management, emergency access and the protection of vital installations.
The affidavit also referred to the Supreme Court’s October 9 order in MA Baby versus Union of India, which asked authorities to consider alternative protest venues and establish an appropriate framework for peaceful demonstrations.
On the constitutional question, Kumar argued that the right to peaceful assembly does not confer an absolute entitlement to hold demonstrations at a particular location. He maintained that the right to protest must be balanced against other citizens’ rights to move freely, pursue their livelihoods, and access essential services.
The Supreme Court had issued notice to the Centre and other authorities on October 15 on petitions challenging the de-notification. The matter is now before the court to consider the competing claims concerning the right to protest and the State’s responsibility to maintain public order.