Supreme Court issues notice on plea against removal of Jantar Mantar as Delhi protest site

The Supreme Court on Thursday, October 15, issued notice to the Centre and Delhi Police on a petition challenging the October 11 standing order that removed Jantar Mantar as a designated venue for protests in the capital, LiveLaw and The Tribune reported. A bench of Chief Justice of India Surya Kant and Justice Joymalya Bagchi said it would examine whether the authorities had applied their minds to the use and efficacy of the site. The court did not order Jantar Mantar restored as a protest venue pending the government's reply, according to the Free Press Journal.

The order under challenge

The petition, Swaty Singh v. Union of India, was filed by advocate Swaty Singh, LiveLaw and the Free Press Journal reported. It asks the court to quash Standing Order No. L&O/48/2026, issued by Delhi Police Commissioner Anurag Kumar, and to stay it while the case is pending, according to Verdictum.

The order names three alternative venues: Ramlila Ground, Burari Ground and CBD Ground. The Tribune and the Free Press Journal describe all three as being in East Delhi. Verdictum and the Free Press Journal say the change followed the recommendations of a committee the Union Home Ministry set up to look at alternative protest sites. The Tribune reported that the order said a revised standard operating procedure for the new venues would be issued separately.

What the petitioners argued

Senior advocate Mukta Gupta, appearing for the petitioner, argued that a protest site must be one where demonstrators can be heard by the authorities, LiveLaw reported. She relied on the court's 2018 judgment in Mazdoor Kisan Shakti Sangathan v. Union of India, according to the Free Press Journal.

The petition argues that moving protests to distant sites can make the rights to free speech and peaceful assembly ineffective, and that the action is arbitrary because the revised procedure for the new venues has not been issued. It also says protests can arise suddenly in response to government decisions, LiveLaw reported. The Tribune reported the petitioners' argument that some of the new venues are near Delhi's landfill areas and unsuitable for public gatherings.

Senior advocate Gopal Sankaranarayanan sought restoration of the notification and told the bench the de-notification had been described as made in terms of a Supreme Court order.

The government's reply

Solicitor General Tushar Mehta said the court's earlier decision was not the basis for the de-notification, and that a committee had submitted a report with recorded reasons, LiveLaw reported. The Free Press Journal said Mehta told the bench the committee had been set up well before the court's order. It noted that this differed from what Delhi Police told the Delhi High Court on October 13, when the force said the decision followed the Supreme Court's October 9 order.

What the bench said

The bench orally observed that it would look at whether the authority applied its mind to the site's use and efficacy, LiveLaw reported. Justice Bagchi said the question should also be viewed from the perspective of technology, in response to the argument that Jantar Mantar should stay a protest site because of its closeness to government offices. According to the Free Press Journal, he added: "if we are not satisfied, the law will follow its course."

None of the reports read gives a date for the next hearing.

Background

The challenge is one of a series of protest-related matters before the Supreme Court, the Free Press Journal reported, including pleas over the alleged detention and harassment of protesters, lawyers and journalists, and a contempt plea linked to an October 8 order concerning Delhi Metro and railway services during protests.