Approach government: Supreme Court refuses urgent intervention against CJP protest march

The Supreme Court on Monday refused to pass any urgent orders on a plea concerning the Cockroach Janta Party (CJP)’s call for a protest march in Delhi on September 5.

A Bench of Chief Justice of India (CJI) Surya Kant, Justice Joymalya Bagchi and Justice V Mohana said that the Court at this stage cannot presume that a law and order situation may occur due to the protest planned by CJP in Delhi.

"At least as of now, we will presume, and we have no reason to doubt, that everybody will act and behave in a very responsible manner and in a peaceful and lawful manner. So right now, for us, there are no compelling circumstances to presume that anything wrong will happen," CJI Kant said.

The Court asked the person who filed the plea to approach the Central government instead with his grievances/apprehensions on potential law and order problems.

The CJP has called for a peaceful march from India Gate to Delhi Police Headquarters on September 5 against the Union government's alleged failure to fulfill the assurances made by it on July 25, particularly concerning the withdrawal of cases against protestors.

CJP had earlier withdrawn the Jantar Mantar agitation over exam paper leaks after assurances from the government.

After the CJP called for the September 5 march, retired Delhi Police officer Rajender Singh moved an application before the Supreme Court seeking directions against holding protests in Lutyens’ Delhi without official permission.

The application will be heard by the Court in detail on September 10 along with other pending petitions related to CJP protests.

Advocate Rizwan, representing the applicant, submitted that there could be law and order issues due to the protest.

He added that the march is being planned around the 18th BRICS Summit which will be attended by international dignitaries.

"What happened during the AI Summit? People were stripping themselves and dancing at the AI Summit. This is not hypothetical. Presumptions and apprehensions survive on experience, on what we have seen," the counsel said.

The counsel further said that CJP can hold the march after the BRICS Summit and in the meantime seek the government's permission for it.

"Considering BRICS, this is a sensitive area. I know sensitivity cannot be a deterrent for protest. In this present week, till the 13th, this is all the more sensitive. International media is here," he added.

The Court said that the application can be placed before the Solicitor General for him to look into the matter.

The Court added that it can be heard along with other pending applications related to CJI protests on September 10.

"Ultimately, the decision will have to be taken by some other quarter. If any untoward thing happens or any alarming situation arises, you can file an application. If something alarming is happening, then you can always make a mention, provided it is an issue which is within the Court's judicial domain," the Bench said.

CJI Kant also remarked that the police has a responsibility to maintain law and order and can determine on its own what is illegal and what is permissible.

Justice Kant also said that the plea can be placed before the High-Powered Committee constituted by the apex court recently to look into the issues arising out of CJP protests.

"We are expecting them to act within that framework. From both sides, we are expecting that they will respect, they will conduct themselves and they will follow the law of the land, and then accordingly...Let the petition be placed also before the committee and let them take it into account," it added.

However, the counsel insisted on an urgent hearing.

"Can the opposite party appear on the 3rd for the Court to decide? At least if they appear here, they will show some respect to the system, some respect to the law," Rizwan said.

The Court remarked that there was no organised or identified group which could be asked to respond to the petition. The counsel conceded that there was no address where the CJP could be served.

"That is another issue. There is no address. Can we push the capital again towards such anarchy on the eve of the BRICS Summit? The question is this, the larger question," he added.

CJI Kant reiterated that it was the Union government and Delhi government's duty to maintain law and order.

"We are quite sure that they will act within the legal framework," the Bench remarked.

The counsel pressed for a hearing on Thursday. However, CJI Kant was not convinced with the submissions and asked the counsel to approach the government.

"We are not calling upon anyone who is not a party before us, number one. Number two, we can only. That's why we have said, permitting you to approach the Central Government. Please approach them. Let us see what is there," Justice Kant said.

The application was filed through advocate Pulkit Agarwal.