More than 20 Delhi Police personnel turned up at the residence of Cockroach Janta Party (CJP) founder Abhijeet Dipke and served him a notice prohibiting him from holding a protest at Connaught Place on Friday, hours before the scheduled march, citing the risk of traffic disruption, stampede and threats to public safety.
The notice comes as the police have deployed more than 6,000 personnel and 220 companies of the Central Armed Police Forces (CAPF), each comprising 100 personnel, in the New Delhi area to prevent any law and order situation.
The CJP's 'Lehra Do Tiranga' march is scheduled to be held at Central Park in Connaught Place at 5 pm.
Police have not granted permission for the march, citing prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which bar mass gatherings in Connaught Place and adjoining areas. They have offered to facilitate a select group of protesters to wave the national flag at an alternative location.
The New Delhi Municipal Council (NDMC) has also announced that Central Park will remain closed to the public on Friday and Saturday for administrative reasons.
Police notice cites traffic and public safety concerns
According to a copy of the notice accessed by PTI, the Station House Officer (SHO) of Connaught Place issued it under the subject, "Regarding proposed unlawful assembly/demonstration at Connaught Place on October 16".
The notice stated that it was issued in furtherance of directions of the Delhi High Court, referring to Dipke's public statements and social media calls asking people to assemble at Connaught Place at 5 pm on October 16 without obtaining lawful permission.
Describing Connaught Place as a busy commercial hub comprising concentric circles connected by radial roads, with limited entry and exit points, the notice stated that a crowd gathering in one circle could quickly obstruct the others, making dispersal and emergency evacuation difficult.
The area houses a dense concentration of showrooms, restaurants, hotels, banks, offices and street vendors. Any disruption, particularly during evening and weekend hours and the peak festival season, would directly affect the livelihoods of traders and their employees, the notice said.
"Over 15 lakh traders and their employees depend on its peaceful and orderly functioning for the exercise of their fundamental right," it read.
Rajiv Chowk Metro station and traffic movement flagged
The notice also highlighted the presence of DMRC's Rajiv Chowk Metro station, a vital interchange between the Blue and Yellow lines and one of the busiest stations in the network, catering to an average of two lakh commuters daily.
Any crowd build-up in the area could pose a serious risk of congestion and stampede, it said.
The notice issued to the CJP founder further pointed out that several arterial roads pass through the area and are crucial to movement across the city. Their obstruction could paralyse traffic across central Delhi and cost citizens valuable time.
Connaught Place experiences heavy vehicular and pedestrian traffic, and an unauthorised gathering would severely affect public movement, the notice said.
"This would also undermine the directions issued in Amit Saini V. Commissioner of Police, which require that due regard be paid to the inconvenience caused to commuters on account of such gatherings," the notice read.
Proximity to protected zones raises concerns
Connaught Place's proximity to Parliament, the Central Secretariat and diplomatic precincts also raised concerns about a possible spillover towards protected zones, potentially jeopardising public order and safety, it said.
The notice further flagged the area's older buildings and narrow service lanes, which limit the movement of fire tenders and ambulances. Ambulances serving several nearby hospitals depend on clear routes in the area, and any additional footfall from an unauthorised and unregulated gathering could severely compromise the emergency response system.
"In view of these considerations, and the serious risk an unlawful gathering in Connaught Place poses to public order and to the rights of other citizens, a prohibitory order under Section 163, BNSS is currently in force," the notice said.
It warned that any violation would invite action under Bharatiya Nyaya Sanhita Section 223 (Disobedience to order duly promulgated by public servant) and other applicable provisions of law.
Notice refers to previous CJP demonstrations
The notice also referred to CJP's previous demonstrations, alleging that they had "resulted in breaches of peace and grave disruptions to public order".
It claimed that the party's earlier protests had "flagrantly violated the conditions under which permission had been granted".
"Their unauthorised calls for a march to the Parliament, which is a symbol of Indian sovereignty, resulted in serious violence and damage to public and private property," the notice read.
Invoking "Sections 29, 30, 31, 32 and 33 of the Delhi Police Act, 1978, among other provisions", the notice prohibited Dipke from holding any form of demonstration, procession or rally in the vicinity of Connaught Place.
"You are further directed to refrain from taking any action which causes prejudice to the rights of other citizens, traders, commuters, patients and other members of civil society conducting lawful business including those of livelihood, free movement and safety," the notice to Dipke read.
It also barred the carrying of instruments that could be used as weapons and the use of loudspeakers, among other activities.
Supreme Court ruling on demonstrations cited
The notice also cited the Supreme Court judgment in Mazdoor Kisan Shakti Sanghatan versus Union of India (AIR 2018 SC 3476), which highlighted the need for prior written permission for public demonstrations.
It referred to the need to account for "obstruction to traffic or danger to human safety or disturbance to public tranquillity" while evaluating requests for public demonstrations.
In the present case, no permission had been sought, and an unauthorised gathering could critically imperil these considerations, it said.
The notice further stated that Connaught Place was not a notified protest site and that other designated venues could be used, subject to the requisite permission being sought and granted; and that Dipke is "directed to abide by the law".