SC asks Union Govt to consider alternative venue to Jantar Mantar for protests in Delhi

The Supreme Court on Friday asked the Government to consider designating an alternative venue to Jantar Mantar for peaceful protests in the national Capital.

The top court emphasised the need for a site equipped with basic amenities for demonstrators while hearing a plea challenging proposed restrictions on metro stations and the cancellation of trains arriving in the national Capital in view of a protest called by the Cockroach Janta Party (CJP) and certain student organisations against Chief Election Commissioner Gyanesh Kumar.

A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana observed this after Solicitor General Tushar Mehta submitted that the competent authority would consider identifying a location other than Jantar Mantar for holding peaceful protests.

The top law officer urged the bench to record the submission in its order and informed the bench that senior advocate Kapil Sibal was also agreeable to the suggestion.

“During the course of hearing, it was also suggested, and learned senior counsel/counsel for parties are ad idem that it's high time that some suitable place where all basic amenities can be provided for peaceful and lawful protestors needs to be identified and designated. Let the competent authority consider the suggestion and take an appropriate decision,” the bench said.

During the proceedings, the bench was informed that police had denied permission to the CJP and the Indian Youth Congress to hold demonstrations at Jantar Mantar, the designated protest site. The possibility of holding the protests at Ramlila Maidan had also not been considered, the bench was told. Advocate Prashant Bhushan submitted that if permission to protest at Jantar Mantar was being denied, the authorities could have allowed the demonstrators to assemble at Ramlila Maidan.

The CJI, however, pointed to the practical difficulties associated with holding protests at Jantar Mantar, noting that government residences and the homes of some Members of Parliament were located in the vicinity.

He also highlighted the lack of basic facilities available to demonstrators.

“There are government residences there. Some MPs stay in the front lane there. Lots of problems even to protesters. They are denied toilets there,” the CJI said.

The solicitor general also flagged difficulties in providing emergency medical assistance at the site, saying that an ambulance could face problems reaching the location if a protester fell ill.

After the order was dictated, the law officer reiterated that the Centre would consider taking a decision on designating an alternative protest venue.

The bench accordingly left the matter to the competent authority to examine the suggestion and take an appropriate decision.