Supreme Court Declines Urgent Plea Against CJP September 5 Protest

The Supreme Court on Monday, August, 31, decined to pass any urgent order against the proposed September 5 protest march in Delhi by the Cockroach Janta Party (CJP). The Bench said it could not, at this stage, presume that the proposed demonstration would lead to an untoward law-and-order situation.

A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana asked the applicant to approach the Central Government and the police with his concerns. The matter has been posted for September 10, along with other pending matters concerning the CJP protests.

Background Of The Case

The application was moved by retired Delhi Police officer Rajendra Singh in connection with the CJP’s proposed march from India Gate to the Delhi Police Headquarters on September 5.

The applicant raised concerns about a possible law-and-order situation, particularly in view of the upcoming BRICS Summit and the presence of international dignitaries in the national capital. His counsel, Dr Rizan Ahmed, urged the Court to consider postponing the march until after the summit.

The lawyer also argued that the organisers should obtain the necessary police permission before holding the demonstration.

Court’s Observation

The Bench was not persuaded that immediate judicial intervention was necessary. CJI Surya Kant said the Court had no reason, at present, to assume that the protesters would act unlawfully.

“At least as of now, we will presume, and we have no reason to doubt, that everybody will act and behave in a very responsible manner and in a peaceful and lawful manner. So right now, for us, there are no compelling circumstances to presume that anything wrong will happen.”

The Court further observed that maintaining law and order primarily falls within the responsibility of the government and police authorities.

“Before us, there is no identified group. You please impress upon Union or NCT Delhi. It's for them to maintain law and order. They should act as per law.”

The counsel pressed for an urgent hearing before the proposed march, referring to earlier incidents and the sensitivity surrounding the BRICS Summit. The Bench, however, maintained that apprehensions alone could not justify immediate intervention.

The Court also said that if an alarming situation actually arose, an appropriate application could be made before it, subject to the issue falling within its judicial domain.

Supreme Court’s Decision

The Supreme Court refused to pass urgent orders restraining or postponing the September 5 CJP protest. It directed the applicant to approach the Central Government and concerned police authorities with his apprehensions and posted the matter for September 10 along with connected proceedings.