Protest at Jantar Mantar 
Litigation News

Delhi High Court refuses urgent hearing in Youth Congress petition for permission to protest at Jantar Mantar against CEC Gyanesh Kumar

"What is the urgency? We will hear it on Monday," acting Chief Justice Nitin Sambre said.

Prashant Jha

The Delhi High Court on Friday refused to allow urgent listing of a petition filed by Indian Youth Congress (IYC) challenging the Delhi Police' refusal to permit them to hold a demonstration against Chief Election Commissioner (CEC) Gyanesh Kumar at Jantar Mantar. 

The plea filed by IYC national president Uday Bhanu Chib was mentioned before acting Chief Justice Nitin Sambre by Senior Advocate Sanjoy Ghose.

Ghose said that he had mentioned the matter yesterday too and the Court had granted him liberty to mention the matter today if it is not listed.

"What is the urgency? We will hear it on Monday," Justice Sambre said.

Chib has challenged the Delhi Police’s order of October 1 rejecting their application. 

According to the plea, the IYC had applied on September 25 seeking permission to hold a peaceful demonstration involving around 100-150 people. The organisation said it had undertaken to comply with all lawful conditions relating to security, traffic management, discipline and maintenance of public order.

The plea states that despite repeated follow-ups, the police communicated the rejection only on October 1, which was also the first proposed date of the demonstration.

According to the petition, the power of the police to regulate assemblies does not extend to imposing a blanket prohibition without an individualised and proportionate assessment of the circumstances.

As per the plea, the decision by the police amounts to a violation of fundamental rights to freedom of speech and expression and peaceful assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution. 

The plea has challenged the "mechanical application" of guidelines governing protests and assemblies.

The plea was filed through advocate Roopesh Singh Bhadauria. 

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