SC seeks 'balance' amid Delhi curbs ahead of CJP protest
What's the story
The Supreme Court has taken up the issue of unprecedented restrictions in Delhi ahead of the Cockroach Janta Party (CJP) protest on Saturday, calling for "balance" in the approach. Senior advocate and Member of Parliament Kapil Sibal raised concerns over the closure of Metro stations and cancellation of trains. "All trains are canceled, Metro stations are closed. You cannot move anywhere. What is happening to my country? This is a peaceful protest," Sibal said in court.
Legal action
Petitioners challenge Delhi Police's restrictions
The petitioners have challenged the restrictions imposed by the Delhi Police, including police advisories on the protest, notice on imposing Section 163 of BNSS, and bans on app-based taxis.
They submitted a 16-page document in court, which included media reports on train cancellations and taxi restrictions.
The document also highlighted police outreach to religious places and checks at hotels ahead of the protest.
Legal balance
Right to protest must be within law: Justice Bagchi
While upholding the right to protest, Justice Joymalya Bagchi stressed that it must be within the law.
The court noted, "No doubt there is a right to association, but it has to be exercised according to law."
The counsels informed that CJP had sought police permission for the protest, but it was denied.
Protest understanding
Court asks petitioners to strike a balance
Justice Bagchi said the court needs to understand the ground reality of the protest.
"If the protest is held with permission, it is a legal protest," Justice Bagchi said.
"To strike a balance, we need two things: citizens before us who want their basic rights, and the group that wants to protest. We do not have the latter before us," the court pointed out, adding, "How do we balance if the scales are not here before us? Give us something."