Supreme Court defers action on plea against India Gate protest
The Supreme Court on Monday declined to pass an interim order on a plea filed against a planned protest by the Cockroach Janta Party (CJP) at Delhi's India Gate on September 5, and instead issued notice to the Centre and Delhi Police, as reported by Moneycontrol. The bench, comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana, posted the matter for further hearing on September 10.
The plea was moved by former Delhi Police officer Rajendra Singh, who expressed concerns about the law and order situation in the national capital arising from the planned protest, according to Moneycontrol. Singh sought to restrict large-scale protests in sensitive areas of the national capital without prior permission.
His counsel, Advocate Ahmed, informed the court that the organizers have not yet applied for permission. Ahmed also highlighted the upcoming BRICS Summit in Delhi next week, raising security concerns about demonstrations taking place while international media coverage is underway, as reported by both Moneycontrol and NewsBytes. According to NewsBytes, Ahmed submitted that international dignitaries would be in Delhi on September 12 and 13, and said, "What happened at the AI Summit? People stripped and my submission is: Postpone the march till 15th."
The court, however, said that law and order was within the domain of the police and that the petitioner should approach the government with his concerns, as noted by Moneycontrol. Chief Justice Surya Kant said there was no reason to assume anything untoward would happen during the protest. "We will at least, as of now, presume everybody will behave in a peaceful manner," he said, according to NewsBytes.
Ahmed pressed his concerns, arguing that the group was behaving as if the Bharatiya Nagarik Suraksha Sanhita (BNSS) did not apply to them. He warned that the country may have to pay a heavy price if necessary action is not taken. "They are amending BNSS on their own free will. Nation will not remember this in a pleasant manner. The arrogance some people are you require permission of the concerned police station," he said, as quoted by NewsBytes.
The CJI repeated that it was for the government and the police to act, telling the petitioner's counsel, "You please impress upon Union or NCT Delhi," according to NewsBytes. Ahmed responded that the CJP would not seek permission, saying they have "tasted blood" after the recent Jantar Mantar protest. "They have tasted blood. They won't seek This is what they want in front of international media. If their counsel appears, atleast it will show respect to law of land," he said, as quoted by NewsBytes.
Background of the planned protest
The CJP last week announced a nationwide call for a peaceful protest march in New Delhi on September 5, accusing the Government of India of failing to honour commitments made to young people on July 25, after which nationwide youth protests were withdrawn, as reported by Moneycontrol. According to a press release cited by Moneycontrol, the march will begin at India Gate and proceed towards the New Delhi Police Headquarters. It will be led by families of deceased NEET victims and victims of police brutality, with students, youth organisations and young citizens from across the country expected to join.
NewsBytes similarly reported that the protest is in response to the government's failure to fulfill its promise of dropping cases against students.
Court's stance
The Bench's decision to issue notice rather than pass an interim order reflects its view that matters of law and order fall within the police's domain. The court asked the petitioner to address his concerns directly with the Centre and the police, as reported by both outlets. The next hearing is scheduled for September 10.