Delhi HC refuses to grant urgent hearing to IYC’s plea for protest at Jantar Mantar
The Delhi High Court on Friday refused to grant an urgent hearing on a plea of the Indian Youth Congress (IYC) seeking permission to protest against Chief Election Commissioner Gyanesh Kumar at Jantar Mantar over alleged irregularities in the SIR exercise.
The court said the petition will be listed for hearing on October 12.
The plea was first mentioned on Thursday, and the bench allowed it to be listed on Friday. Since it did not come up for hearing in the list of cases on Friday, the counsel again mentioned that the plea be heard today.
A bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma refused to list the matter despite the counsel’s urging.
“What is the urgency today? We will hear it on Monday. It will be listed on Monday,” the bench said.
While mentioning the matter, senior advocate Sanjoy Ghose, appearing for IYC, said all defects in the petition were cured, but it has not been listed today.
On the aspect of urgency, the counsel said, “Because every day my lordships are seeing… designated site (for protest) is not allowed.”
Denying the request, the bench said, “No. Monday we are hearing it.”
The IYC has approached the court challenging Delhi Police’s order denying the outfit permission to hold the protest at Jantar Mantar.
On Thursday, the court told the petitioner’s counsel that the plea will be listed on Friday and, in case it does not happen, they can again mention the matter.
The IYC, through its national president Uday Bhanu Chib, approached the court challenging Delhi Police’s October 1 communication denying the outfit permission to organise a peaceful demonstration at Jantar Mantar.
The IYC is demanding the resignation of Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
The petition said it raises the question concerning the manner in which the fundamental rights guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution can be regulated by the police authorities while considering an application for a peaceful democratic demonstration at Jantar Mantar.
“The proposed demonstration arises out of concerns regarding transparency, accountability and functioning of constitutional institutions, and was proposed as a peaceful exercise of the petitioner’s right to freedom of speech and expression and the right to assemble peacefully and without arms,” it said.
The IYC applied to the Delhi Police on September 25 for a peaceful demonstration of around 100-150 persons from October 1 to October 25.
It said it had undertaken to comply with all lawful conditions concerning security, traffic, discipline and public order, but the prayer was rejected.
“The petitioner does not dispute that the State is entitled to regulate assemblies in the interests of public order, traffic management, public safety and the rights of residents and other members of the public. The challenge, however, is to the manner and extent of such regulation.
“A power to regulate a fundamental right cannot be converted into an unfettered power to prohibit its exercise. The constitutional requirement is one of reasonable regulation, individualised assessment and proportionality, and not mechanical refusal,” the petition said.
It said the cause of action is not merely the refusal of a particular permission, but concerns the constitutional limits upon administrative discretion when a state authority regulates the exercise of fundamental freedoms.
The plea sought that the October 1 communication of the police be quashed and fresh and lawful consideration of the petitioner’s request be directed.
