The Supreme Court on Thursday issued notice on a writ petition challenging the Delhi Police's decision to de-notify Jantar Mantar as a designated protest site and designate three alternative venues under a Standing Order dated October 11.
A bench comprising Chief Justice of India Surya Kant and Justice Joymaya Bagchi said it would examine whether the authorities had adequately applied their minds to the use and efficacy of Jantar Mantar as a protest venue.
The petition, filed by advocate Swaty Singh, contends that shifting demonstrations to distant and outlying locations could undermine the fundamental rights to peaceful assembly and freedom of expression.
Court to examine reasons behind relocation
During the hearing, Senior Advocate Gopal Sankaranarayanan sought the restoration of Jantar Mantar's status as a designated protest site. He pointed out that the de-notification had reportedly been linked to an earlier Supreme Court order.
Solicitor General Tushar Mehta, appearing for the authorities, disputed that interpretation. He told the bench that the earlier Supreme Court decision was not the basis for the move. According to him, a committee had been constituted, submitted a report and recorded reasons supporting the decision to de-notify the site.
The bench indicated that it would seek a response from the State on the issue.
Proximity to government offices and technology raised
Senior Advocate Mukta Gupta argued that a designated protest venue must allow demonstrators to make their voices heard.
Justice Bagchi observed that the question also needed to be considered in the context of technology. Referring to the argument that Jantar Mantar should not be replaced because of its proximity to government establishments, he said the Court would call upon the State to respond.
The proceedings will examine the rationale for removing Jantar Mantar from the list of designated protest venues and whether the alternative locations provide an effective avenue for citizens to exercise their right to peaceful protest.