Supreme Court Says It Will Examine Whether Delhi Police Applied Its Mind While Denotifying 'Jantar Mantar' As Protest Site; Issues Notice
The Supreme Court of India has agreed to review a decision by Delhi Police to de-notify Jantar Mantar as a designated protest site. The court is examining whether the authorities properly considered the impact on the fundamental right to peaceful assembly.
Why it matters
This case addresses the balance between urban management and the constitutional right to protest in a democratic society.
The Supreme Court today issued notice on a writ petition challenging the Standing Order dated October 11, whereby Jantar Mantar has been de-notified as a designated protest site and three alternative venues have been notified by the Delhi Police.A bench of CJI Surya Kant and Justice Joymaya Bagchi orally observed that the Court will examine whether there had been an application of mind by the authority concerning the use and efficacy of the site.During the hearing, Senior Advocate Mukta Gupta for the petitioner argued that a protest site must be one where demonstrators can be heard.Senior Advocate Gopal Sankaranarayanan sought restoration of the site's notification. He highlighted that the denotification has been stated to be in terms of a Supreme Court order.Solicitor General Tushar Mehta responded that the Supreme Court's earlier decision was not the basis for the denotification.
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