Will examine if mind applied while denotifying Jantar Mantar: SC
What's the story
The Supreme Court has agreed to examine a petition challenging the Delhi Police's decision to denotify Jantar Mantar as a protest site. The bench, comprising Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi, said the court will examine "whether there had been an application of mind by the authority concerning the use and efficacy of the site." It has issued notice on the writ petition against the Standing Order dated October 11.
Legal argument
Petition emphasizes need for effective protest site
The order had notified three alternative venues for protests while denotifying Jantar Mantar.
The petition, filed by advocate Swaty Singh, argued that moving protests to distant venues could make the fundamental rights of peaceful assembly and freedom of expression ineffective.
The petition also emphasized the need for a protest site where demonstrators can be heard by those in power.
Technological consideration
Court to consider technology's role in protest visibility
Justice Joymalya Bagchi made an oral observation during the hearing, saying "the word 'heard' must be understood from the perspective of technology also."
"We are issuing notice. We are getting a response from them. After the response, if we are not satisfied, the law will follow its course. You have laid out your case.... We are calling upon the State to respond."
Additional notices
Did authorities rely on Supreme Court's October 9 order
During the hearing, the bench also questioned whether the authorities had relied on the Supreme Court's October 9 order while de-notifying the site.
Appearing for the Centre, Solicitor General Tushar Mehta told the bench that the October 9 order was not the basis for the decision. He submitted that a committee was constituted much before.
"The committee has given a detailed report."
New venues
Alternative protest sites designated after Jantar Mantar's denotification
The alternative protest sites designated after Jantar Mantar's denotification are Ramlila Ground, Burari Ground, and CBD Ground.
However, Burari Ground and CBD Ground are located several miles away from Central Delhi.
The petition argued that "the right to protest is not merely a right to assemble at a designated physical space; it is a right to communicate grievances, express dissent and draw the attention of the public authorities and society at large towards matters requiring redressal."