'Why should a city be put to ransom unnecessarily': Delhi HC questions Jantar Mantar as protest site

Justice Mahajan questioned Additional Solicitor General Chetan Sharma on why the government continued to allow Jantar Mantar to function as a protest site

The Delhi high court on Friday observed that protests should not be held at Jantar Mantar, saying demonstrations at the centrally located venue unnecessarily “hold the entire city to ransom”, while leaving it to the government and police to decide on permitting such gatherings in individual cases.

Hearing a plea seeking permission to protest at Jantar Mantar, the Delhi HC said the city should not be "put to ransom unnecessarily" by demonstrations. (PTI file)

A bench of Justice Amit Mahajan, however, added that the government must take the call, as law and order falls within the police’s domain.

“According to me, these things should not happen in the city, but it’s the government’s call. Law and order is the police’s department. Why should the city be put to ransom unnecessarily? Personally, if you have to ask me, I have a different view. I don’t think protests should happen inside the city. Why should this happen in the city when the entire city goes into… Whether it’s the ambulances or otherwise,” Justice Amit Mahajan said.

The court made these remarks while hearing a petition filed by the All India Dalit Christian Rights Protection Committee seeking directions to the Delhi Police to allow it to hold a protest at Jantar Mantar on August 10 to draw attention to the long-standing demand for including Dalit Christians within the Scheduled Castes.

This was after the committee’s counsel, Sanjoy Ghose, submitted that although the committee had written to the Delhi Police on July 9 seeking permission to hold a three-hour protest without any march, procession, overnight stay, tents, hunger strike, or occupation of public roads, the request had not been decided to date.

Delhi Police’s lawyer, additional solicitor general Chetan Sharma, submitted that the police would take a call on the request by Saturday and communicate the decision. Referring to the court’s observations on demonstrations at Jantar Mantar, the law officer added that the Supreme Court was seized of the matter of whether Jantar Mantar can be a designated protest site.

To be sure, the Supreme Court on Monday agreed to examine a public interest litigation (PIL) seeking an alternative site to Jantar Mantar as Delhi’s designated protest venue after the petitioner argued that repeated demonstrations at the centrally located site had become a persistent inconvenience for residents and disrupted access to essential services.

A bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V Mohan issued notices to the Centre, the Delhi government, and other authorities on the plea filed by Satish Chand Kaushik and requested Solicitor General Tushar Mehta to obtain instructions on the issues raised. The bench said that the petition raised important concerns related to public access and movement.

Considering the law officer’s submission, the court disposed of the committee’s petition.