There can be no blanket ban on protests at Delhi’s Jantar Mantar, ruled the Supreme Court on Monday on a PIl that challenged a series of prohibitory orders issued by the Delhi Police making the prime location in the Capital inaccessible for individuals and groups protesting against Government decisions, policies and acts of injustice.
At the same time, the court noted the area is located in a prime zone which houses Parliament, Government departments, residences of Members of Parliament and other residences situated in close vicinity. The court directed the Delhi Police Commissioner to frame guidelines for issuing permission to stage such protests within two months.
These guidelines will not only regulate protests at Jantar Mantar but also at Boat Club near India Gate.
The decision came on a PIl by Mazdoor Kisan Shakti Sangathan against a ban imposed by the Assistant Commissioner of Police, Sub-Division, Parliament Street, New Delhi District, prohibiting any kind of procession, protest, demonstration or agitation without written permission in the areas known as Parliament House, North and South Block, Central Vista lawns together with its surrounding localities and areas.
At the same time, applications were filed by persons residing nearby Jantar Mantar opposing the PIl as they narrated the harrowing experience faced by them that caused the approach roads to their homes permanently blocked. In addition, the protesters brought cows, buffaloes at the protest site leading to an unhygienic atmosphere. In addition, the beating of drums, trumpets, used by protesters impacted the physical and mental health of residents. The Centre argued that such protests are not only a threat to security but caused embarrassment to visiting foreign dignitaries.
The Bench of Justices AK Sikri and Ashok Bhushan considered rival contentions and said, “The pathetic conditions which were caused as a result of the processions, demonstrations and agitations at the Jantar Mantar were primarily because of the reason that authorities did not take necessary measures to regulate the same…In such situations, the court has to examine as to where lies the larger public interest while balancing the two conflicting rights.”
The court asked the top cop to frame regulations such that some parameters may be fixed for grant or refusal of permission for protests and agitations. “The authority is to examine whether it should allow the proposed demonstration, public meeting etc keeping in view its likely effect, namely, whether it would cause any obstruction to traffic or danger to human safety or disturbance to public tranquility.” The court noted that a blanket ban cannot be accepted as school children carrying out procession to advance some social cause or candle march by peace loving group of persons against a social evil or tragic incident may also get blocked as a result of such a ban.