Why don't you shut down Jantar Mantar protest site? Delhi High Court to Centre

The Delhi High Court on Friday asked the government why it was not considering shutting down Jantar Mantar area as a venue/ site for protests.

Justice Amit Mahajan said that the city should not be held to ransom unnecessarily by such protests in the middle of the city.

“Why don’t you shut it down? According to me, these things should not happen in the city, but it’s the government’s call. Why should the city be put to ransom unnecessarily?” the Court asked.

Justice Mahajan made the remarks while hearing a plea filed by All India Dalit Christian Rights Protection Committee seeking directions to the Delhi Police to decide its plea seeking permission to hold a protest at Jantar Mantar.

Senior Advocate Sanjoy Ghose appeared for the petitioner and told the Bench that the Police has neither rejected the request nor allowed it.

"We are saying maximum 75 people will come. They [Delhi Police] are sitting on our application since July. They have not rejected it," Ghose submitted.

The court asked Additional Solicitor General (ASG) Chetan Sharma about why the government can't shut down the site.

"According to me, why don’t you shut this down? It shouldn’t be inside Delhi," Justice Mahajan said.

ASG Sharma replied that this is exactly what the Supreme Court order says and that the top court is seized of the matter about whether "Jantar Mantar can at all be a designated protest site". 

"According to me, it shouldn’t be," Justice Mahajan replied.  

Ghose then asked whether it is the Centre's stand that in Delhi there can be no protests.

Justice Mahajan replied, "That’s for the police to decide. If they can’t afford to have protests inside the city, that’s…"

"Fair enough, let them say so that there will be no democratic, peaceful protests in Delhi. We will accept it," Ghose said.

Justice Mahajan said that he was not talking about whether these protests were democratic or undemocratic but "why should the city be put to ransom".

Ghose said that the Supreme Court in the Shaheen Bagh case has said that the right to peaceful protest is there. 

"Of course. But don’t put the city to ransom na," Justice Mahajan underscored.  

Meanwhile, ASG Sharma said that Section 144 of CrPC is in place in the area and August 15 is around the corner.

"The security forces are deployed. When 75 people become 75,000, we don’t know...

"Personally, if you have ask me, I have a different view. Why should this happen in the city when the entire city goes into… Whether it’s the ambulances or otherwise," Justice Mahajan reiterated. 

"The whole city is held to ransom. But their supposed 19(1)(a) rights are better than any other right enjoyed by any other person," ASG Sharma then stated.

Ghose replied that ASG Sharma was playing to the gallery.

Ultimately, the Bench ordered the police to decide the application filed by the All India Dalit Christian Rights Protection Committee by August 8 and disposed of the plea.