How can you impose blanket ban? Delhi HC questions police for not allowing anti-reservation protest

The Delhi High Court on Thursday grilled the Delhi Police for denying the Kshatriya Karni Sena permission to hold a protest at Jantar Mantar against reservation policies and the University Grants Commission (Promotion of Equity in Higher Education Institutions) Regulations, 2026.

Justice Swarana Kanta Sharma observed that the police could have put conditions on the protestors instead of refusing them permission to gather there on September 20.

"You rejected it? Why? Can this kind of order be passed? Just because you are apprehending that some persons can come? How can you pass this order?" the Court asked.

In response, Additional Solicitor General (ASG) Chetan Sharma said that the police had acted in accordance with Standing Orders and Supreme Court guidelines.

"This is a sensitive area. Others have also been consistently refused. Apart from the space factor, the amount of likes and social media dissemination and engagement are so much that it will overspill," Sharma said.

The Court asked whether the protest could be allowed at a different venue. ASG responded that the police could consider the same.

He added that a co-ordinate Bench of the Court had earlier questioned the selection of Jantar Mantar as a designated site for protests in Delhi.

"Whenever there is a concentration in Jantar Mantar it affects the entire Central government," Sharma said.

The Court, however, questioned why permission had been denied altogether for the Kshatriya Karni Sena's protest.

"I am asking the State, how can there be a blanket ban? If you (want to impose) any restriction, then you please come out with them. Today, it is expected ... it should have been done that if [you] want to put any restriction including the venue, then you please tell me," said Justice Sharma.

After the ASG said he would come back with instructions, the Court listed the matter for hearing on September 22.

The Kshatriya Karni Sena had initially sought permission to hold its anti-reservation demonstration at Jantar Mantar on September 6. However, the Delhi Police had denied the request on August 28, citing preparations for the BRICS Summit in the national capital.

Kshatriya Karni Sena president Dr Raj Shekhawat then approached the Delhi High Court, challenging the refusal. When the matter came up before Justice Amit Mahajan on September 3, the Court asked the petitioner to consider changing the date of the proposed protest.

The organisation subsequently decided to hold the demonstration on September 20 instead.

On September 7, Justice Sharma directed the Delhi Police to consider a fresh application for the September 20 protest and communicate its decision by September 14. The Court had additionally clarified that the police could impose appropriate conditions on the demonstration.

After the police denied permission, the petitioner-organisation again moved the High Court. It also filed a petition to challenge the blocking of its social media accounts.

Advocate Roshan Dhanai, appearing for Karni Sena president Raj Shekhawat, today said that the Meta, Facebook, Instagram and WhatsApp accounts of the group had been suspended.

"Later on they reinstated our Instagram account, but the live video on Facebook account is suspended, and our WhatsApp number is suspended," he added.

With regard to the denial of permission for the protest, Dhanai said police had initially indicated that permission would be granted,

"Then on 15th, they sent a letter stating that we cannot allow you because we have apprehension that more people than you are claiming will be there and it will not be able to handle it," he said.

The counsel also argued that Jantar Mantar has been a historical protesting site where Delhi Police has a good control.

"It is way more possible to control the area and protest," he said.

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