Jantar Mantar Road (Img: Pinterest)
New Delhi: The Supreme Court on Thursday issued a notice to the Centre on a petition challenging the de-notification of Delhi’s Jantar Mantar as a designated protest site. The court said it would examine the matter, including whether the authorities had independently assessed the decision to withdraw the venue’s designated status.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi issued the notice while hearing a plea filed by advocate Swaty Singh. The petition challenges the Delhi Police’s decision to remove Jantar Mantar from the list of authorised protest venues and designate three alternative locations for demonstrations.
The court will examine the government’s response before deciding on the next course of action.
During the hearing, senior advocate Gopal Sankaranarayanan, appearing for the petitioner, sought the restoration of Jantar Mantar’s status as a designated protest site. He argued that the de-notification had been linked to an earlier Supreme Court order.
Solicitor General Tushar Mehta told the bench that the decision was not simply based on the court’s earlier order. He submitted that a committee had been constituted to examine alternative venues, following which a report was submitted and reasons were recorded for the change.
The bench indicated that it would examine whether the competent authority had applied its mind while deciding to de-notify Jantar Mantar. The court also considered arguments about the importance of having a protest venue where demonstrators can effectively communicate their grievances to the public and government authorities.
The Delhi Police de-notified Jantar Mantar through an order issued on October 12, ending its long-standing status as a designated protest venue. The authorities identified three alternative locations for demonstrations: Ramlila Ground, Burari Ground in north Delhi, and CBD Ground in east Delhi.
The change followed the Supreme Court’s October 9 observations that authorities should consider a larger and better-equipped location for peaceful demonstrations while ensuring public safety, access to emergency services and minimal disruption to other residents.
The Delhi Police has said the decision followed recommendations from a committee constituted by the Union Ministry of Home Affairs. A revised standard operating procedure for protests at the new venues was to be issued separately.
The petition argues that shifting demonstrations away from Jantar Mantar could affect citizens’ ability to exercise their fundamental rights to freedom of speech and expression and peaceful assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution.
It also questions the suitability and accessibility of the alternative venues, arguing that the location of a protest can influence its visibility and its ability to draw the attention of public authorities. The plea further raises concerns over the arrangements governing access to the newly designated sites.
The Supreme Court’s notice marks the beginning of its examination of the challenge. The court has not yet delivered a final ruling on the legality of the de-notification.
