Supreme Court may list a plea that de-notifying Jantar Mantar pushes dissent ‘out of sight, out of mind’

The “right to protest is not merely a right to assemble at a designated physical space,” the petition said. “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,” it added.

Near the corridors of power

The authorities have found three alternative sites, but the petition said they are located on the outskirts of the national capital, far away from the corridors of power, the Parliament, Supreme Court, Ministries, and public offices of central Delhi.

Ms. Singh said the local protest cannot be dismissed as an “inconsequential administrative consideration”. The Jantar Mantar site’s proximity to the power centres of the state, accessibility to the public, and visibility to the intended audience may directly affect the power of dissent, she added.

“Relocating protests to distant or outlying areas of Delhi, particularly where such relocation materially increases the burden of participation and distances demonstrators from the authorities to whom their grievances are addressed, may substantially diminish the communicative purpose of peaceful assembly,” the petition noted.

No SOPs for new venues

As per a Standing Order on Guidelines For Holding Protests or Demonstrations in Delhi issued by Delhi Police Commissioner Anurag Kumar, the Ramlila Maidan, Burari ground in north Delhi, and CBD ground in east Delhi have been designated as new protest venues.

Ms. Singh said that while the de-notification order was imposed with immediate administrative effect, amidst the ongoing protest demanding the suspension of the special intensive revision (SIR) of electoral rolls and the resignation of the Chief Election Commissioner (CEC), the government has not issued the Standard Operating Procedure (SOP) for protestors to access the three new venues.

“Thus, the standing order, on its face, alters the existing arrangement without itself setting out a complete mechanism governing access to the new venues,” the plea said.

Right to peaceful assembly

Ms. Singh said the de-notification violated a 2018 Supreme Court judgment in Mazdoor Kisan Shakti Sangathan versus Union of India, which had struck down a complete and blanket ban on public demonstrations and protests at Jantar Mantar, ruling that an absolute prohibition violated the fundamental right to peaceful assembly under Article 19(1)(b) of the Constitution.

However, the de-notification of Jantar Mantar seemed to have germinated during an October 9 hearing in the Supreme Court of petitions challenging the clampdown imposed on Delhi ahead of the youth protests on October 10.

SC called for alternative sites

On October 9, both the court and the government had reasoned that central Delhi was too cramped for protests. Chief Justice of India Surya Kant had remarked that central Delhi did not have any washroom, medical, and drinking water facilities.

The court had not only urged the Union government to look for a “spacious, open” alternative site, but also recorded its suggestion in a judicial order.

“During the course of hearing, it was suggested, and counsel for the parties were ad idem (of the same mind), that it is high time basic amenities were provided to those engaged in peaceful and lawful protest. To that end, suitable alternative sites capable of housing such infrastructure need to be identified and designated. Let the competent authority consider this suggestion and take an appropriate decision thereon,” the October 9 order had said.

Previously, in August, the court had made a similar suggestion to Solicitor General Tushar Mehta, who was appearing for the Union government, on a petition seeking the discontinuation of Jantar Mantar as the designated venue for public protests.