Jantar Mantar should never have been a protest site; de-notified due to limited capacity: Delhi Police to Supreme Court

Jantar Mantar is a public road and should never have been earmarked as a designated protest venue, the Delhi Police told the Supreme Court on Tuesday.

In an affidavit filed before the Court by Delhi Police Commissioner (DCP) Anurag Kumar, it was stated that Jantar Mantar was de-notified as a protest site due to its limited capacity to accommodate large footfall, and its proximity to sensitive government institutions and embassies of foreign nations.

The decision was taken by Kumar on the unanimous recommendation of a Ministry of Home Affairs committee, it was submitted.

He termed the decision to de-notify Jantar Mantar as a administrative and executive decision.

Further, nobody has the fundamental right to protest at a particular site, the affidavit added.

The counter affidavit was filed in response to a petition by advocate Swaty Singh challenging the de-notification.

Singh moved the Court contending that the move to de-notify Jantar Mantar violates the fundamental rights to freedom of speech and expression and to assemble peacefully under Articles 19(1)(a) and 19(1)(b) of the Constitution.

While the State can regulate these rights in the interest of public order, the petition by Singh stated that such regulation cannot operate as a prohibition or render the exercise of these rights illusory.

It further was further argued that the location of a protest site is central to the protests.

According to the plea, proximity to the concerned institutions, accessibility to the public and visibility to the intended audience directly affect a protest's effectiveness.

In his response, the DCP has claimed that Jantar Mantar has a capacity of 1,500 persons and the protests by Cockroach Janta Party in July far exceeded the capacity.

Further, there are around 78 embassies and missions and 99 Central government offices, with a daily footfall of 1,46,040, within 3 to 4 km, besides about 64,500 residents in nearby housing areas.

For August 1 to 27, there were about 250 distress calls, 109 theft FIRs, 10 vehicle theft FIRs, 254 property-loss claims, 23 FIRs for public order violations, rioting and defacement, and 14 cases under the Delhi Police Act, it was pointed.

In light of the above, it was found fit to de-notify the site.

"In the era of digital technology and widespread use of social media, the geographical proximity of a protest site to the seat of the Government has ceased to be relevant and has become redundant," the affidavit said.