The Supreme Court has asked the Centre to ensure that barricades erected across Delhi are removed unless they are absolutely necessary, amid heightened security measures and restrictions surrounding the Cockroach Janata Party's (CJP) planned protest at Jantar Mantar.
The court's observation comes as Delhi witnesses extensive police deployment, road closures and barricading following the CJP's call for demonstrations demanding the resignation of Chief Election Commissioner Gyanesh Kumar and the withdrawal of the Special Intensive Revision (SIR) of electoral rolls.
The protest has triggered a major security operation in the national capital, with police preventing demonstrators from reaching the designated protest venue and detaining several political leaders and activists.
Supreme Court's observations on barricading
The direction places the focus on the need to balance security requirements with the public's ability to move freely through the capital. Barricades are routinely deployed during major demonstrations to regulate crowds, prevent clashes and protect sensitive government installations. However, extensive restrictions can also disrupt traffic and inconvenience residents and commuters.
The court's reported observation that barricades should be removed unless absolutely warranted signals the need for authorities to justify restrictions rather than impose them indiscriminately.
The specific scope of the direction, including the locations covered and any additional instructions issued to the Centre, could not be independently confirmed from the material available at the time of writing.
CJP protest triggers extensive security measures
The CJP called for a demonstration at Jantar Mantar on October 10, demanding Gyanesh Kumar's resignation over alleged irregularities in the electoral-roll revision exercise. The Election Commission's handling of the SIR process has been at the centre of the party's campaign.
Delhi Police refused permission for the planned demonstration and deployed personnel across central Delhi. Barricades and other security measures were put in place to prevent protesters from reaching Jantar Mantar and moving towards sensitive locations.
The restrictions prompted demonstrations at several locations across the capital, as protesters attempted to gather away from the main protest site. Police detained demonstrators and activists, while traffic movement was affected in parts of central Delhi.
The authorities also imposed restrictions on public gatherings and suspended mobile internet services in parts of central Delhi for 24 hours in connection with the protest.
Debate over the right to protest
The latest development comes amid a wider debate over the right to peaceful assembly and the limits of police restrictions during demonstrations.
The Supreme Court has previously recognised the importance of peaceful protest while also holding that public roads cannot be occupied indefinitely. In its 2020 ruling on the Shaheen Bagh protests, the court said demonstrations must be conducted at designated places and should not obstruct public thoroughfares indefinitely.
Jantar Mantar has long served as a designated venue for demonstrations in Delhi. However, repeated restrictions and security cordons around the site have raised questions about whether protesters can effectively exercise their right to assemble when access to the venue is blocked.
The latest observation on barricades brings these competing concerns into focus, with the court stressing the need to distinguish between security measures that are necessary and those that may impose avoidable restrictions on public movement.
What happens next?
The Centre and the authorities responsible for security arrangements in Delhi will need to consider the court's direction while deciding where barricades remain necessary. Any relaxation of restrictions will depend on the precise terms of the court's order and the security assessment for individual locations.
The issue is likely to remain contentious as the CJP and its supporters continue to demand action against the Election Commission leadership over the SIR exercise.
For now, the Supreme Court's reported intervention places renewed scrutiny on the use of barricades during protests and the need to ensure that public safety measures do not unnecessarily impede the right to peaceful assembly or everyday movement across the capital.