Decision to de-notify Jantar Mantar as protest site taken after Supreme Court order: Delhi police to High Court

The Delhi Police on Tuesday told the Delhi High Court that the decision to de-notify Jantar Mantar as the designated protest site was taken based on the Supreme Court's order of October 9 [Uday Bhanu Chib v Union of India and Ors].

Additional Solicitor General (ASG) Chetan Sharma appeared for the police and made the submission before Justice Amit Mahajan.

On October 9, while hearing petitions against closure of several metro stations and cancellation of trains in view of Cockroach Janta Party (CJP) protest, the Supreme Court had observed that "it is high time basic amenities were provided to those engaged in peaceful and lawful protest".

The top court added that to this 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 Supreme Court had said.

ASG Sharma referred to this order today and said that Police took the decision to identify three alternate sites as per the Supreme Court order.

"The Court said appropriate sites need to be identified and designated and we have precisely done that," he said.

The Delhi Police made the submissions while the Court was hearing a plea filed by Indian Youth Congress head Uday Bhanu Chib challenging Delhi Police decision denying them permission to protest against Chief Election Commissioner (CEC) Gyanesh Kumar at Jantar Mantar.

ASG Sharma told the Court that since Jantar Mantar has been denotified, the plea has become infructuous.

However, Senior Advocate Siddharth Luthra appeared for Chib and argued that there are other prayers in the plea which are still maintainable.

Luthra asked the Court to issue notice on those prayers.

ASG opposed the request.

However, after hearing the counsel in brief, the Court issued notice on three of Chib's prayers.

They seek a declaration that Delhi Police cannot rely on its 2022 standing order to mechanically or disproportionately prohibit peaceful assemblies without an individualised assessment and consideration of less restrictive measures.

Further, Chib's prayer challenges the 10-day advance notice for holding protests. He argued that this condition cannot be treated as an absolute bar to applications filed at shorter notice.

The plea was filed through advocate Roopesh Singh Bhadauria. 

ASG Chetan Sharma as well as advocates Ashish K Dixit and Amit Tiwari appeared for the Delhi Police and other respondents.