The Indian Youth Congress (IYC) has moved the Delhi High Court challenging the Delhi Police's refusal to permit them to hold a demonstration against Chief Election Commissioner (CEC) Gyanesh Kumar at Jantar Mantar.
The plea has been filed by IYC national president Uday Bhanu Chib and is likely to be heard by the High Court next week.
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.
The petition contends that the police's power to regulate assemblies does not extend to imposing a blanket prohibition without an individualised and proportionate assessment of the circumstances.
It states that the police’s decision 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 also challenges the "mechanical application" of guidelines governing protests and assemblies.
The plea has been filed through advocate Roopesh Singh Bhadauria.