The Delhi High Court on Wednesday cited student-led protests in France that escalated into arson and looting while hearing a case concerning the arrest of Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka.
The court said police permission for demonstrations was necessary not only to regulate protesters but also to prevent others from joining them and causing disruption.
The observations came after the High Court agreed to urgently hear the leaders’ plea challenging the extension of their judicial custody, which was due to end on Wednesday (October 21).
Das and Ranka were arrested on October 13 for allegedly trespassing at Jantar Mantar and unfurling the Tricolour. They crossed police barricades, entered the site and raised slogans calling for Chief Election Commissioner Gyanesh Kumar’s resignation.
During the hearing, the court questioned the decision to stage a demonstration at Jantar Mantar after it had been denotified as a protest site.
“Barricades are there for a purpose. When you go and break a barricade, the chances of more people coming there is - persons who might not be under your control,” the court said.
Drawing a comparison with the protests in France, the High Court noted that demonstrations could escalate beyond their initial purpose.
“We are seeing this outside our country as well. What started as a student protest has become arson, looting... That’s why you need police permission. It is not just to stop you, but also to prevent others from joining you and spoiling your name,” the court said.
The court also questioned whether holding a demonstration at a denotified protest site was serious enough to warrant proceedings against the CJP leaders. It said the legality of the action would be examined separately.
“You went there and broke the barricade. That issue we will see,” the court said.