A lawyer has moved the Supreme Court against a Delhi Police order that removes Jantar Mantar from the list of designated protest grounds. The petition, filed by advocate Swaty Singh, is expected to be listed for hearing tomorrow.
Background
The standing order is dated October 11 and was issued by Police Commissioner Anurag Kumar. It names Ramlila Ground, Burari Ground and the CBD Ground in East Delhi as the new venues. According to the order, the step follows suggestions from a committee set up by the Union Home Ministry. In a separate case brought by the Indian Youth Congress, the police had told the Delhi High Court that they acted on the Supreme Court’s order of October 9.
The plea says the change cuts into the freedom of speech and the right to assemble peacefully under Articles 19(1)(a) and 19(1)(b) of the Constitution. It accepts that the State may regulate these freedoms to protect public order, but argues that regulation should not become a ban.
According to the petition, the place of a protest is part of its purpose:
“The right to protest is not merely a right to assemble at a designated physical space; it is a right to communicate grievances, express dissent and draw the attention of the public authorities and society at large towards matters requiring redressal.”
"The location of a protest is, therefore, not an inconsequential administrative consideration. Its proximity to the concerned institutions, accessibility to the public and visibility to the intended audience may directly affect its effectiveness."
The petitioner also relies on the Supreme Court’s 2018 ruling in Mazdoor Kisan Shakti Sangathan v. Union of India, which held that a complete ban on protests at Jantar Mantar and Boat Club was not permissible. The plea calls the standing order arbitrary and procedurally incomplete, because it takes effect at once while the revised procedure for the new sites is to be issued later.
It adds that protests often arise suddenly after a government decision, so rules for access cannot be left for later.
“The impugned Standing Order is further assailable on the grounds that it denotifies Jantar Mantar with immediate administrative effect while leaving the detailed and revised SOP for the three designated venues to be issued separately.”
"Consequently, the Standing Order, on its face, alters the existing arrangement without itself setting out a complete mechanism governing access to the new venues."
The Supreme Court has not yet passed any order on the plea.
Case Title: Swaty Singh vs Union of India
Case Number: W.P.(C) No.-001357/2026
Advocates: Advocate Swaty Singh , Lakshay Saini and Tushar Gupta , Senior Advocate Mukta Gupta and Nandita Rao
