The Supreme Court on October 15, issued notice to the Centre on a petition challenging the removal of Delhi’s Jantar Mantar from the list of designated protest venues. A Bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi sought the government’s response on the reasons behind the decision.
The challenge concerns a standing order dated October 11 issued by Delhi Police Commissioner Anurag Kumar, de-notifying Jantar Mantar as a protest site and designating Ramlila Ground, Burari Ground and CBD Ground in East Delhi as alternative venues.
The petition, filed by advocate Swaty Singh, argues that relocating protests could affect citizens’ fundamental rights to freedom of speech and expression, and peaceful assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution.
During the hearing, the Bench questioned whether the authorities had independently assessed Jantar Mantar’s suitability as a common protest venue or acted because of the Court’s earlier observations.
Chief Justice Surya Kant asked:
“Because of some oral observations of the Court, or was there an application of mind with regard to the site and its efficacy in being used as a common protest site?”
Solicitor General Tushar Mehta, appearing for the Centre, said the earlier Supreme Court decision was not the basis for the government’s action. He submitted that a committee had been constituted earlier and had provided a detailed report.
Senior Advocate Mukta Gupta, representing the petitioner, referred to the importance of locating protest venues where demonstrators can effectively communicate their concerns to the authorities.
Justice Bagchi explained that the Court would first examine the government’s response before proceeding further.
“We are issuing notice. We are getting a response from them. After the response, if we are not satisfied, the law will follow its course.”
The Bench issued notice to the Centre, seeking its response to the challenge. It did not order the immediate restoration of Jantar Mantar as a designated protest site during the hearing.
