New Delhi: The Supreme Court on Thursday issued notice to the Centre and Delhi Police on a petition challenging the decision to remove Jantar Mantar from the list of designated protest sites in the national capital. The court said it would examine whether the authorities had independently assessed the site’s suitability and effectiveness as a venue for public demonstrations.
A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi sought responses from the authorities after hearing arguments on the importance of having a protest venue close to government establishments.
The petition challenges a Delhi Police order dated October 11, which de-notified Jantar Mantar as a designated protest site and named three alternative locations for demonstrations: Ramlila Ground, Burari Ground and CBD Ground in East Delhi.
Why Was Jantar Mantar Removed As A Protest Site?
The petition, filed by advocate Swaty Singh, challenges the decision to withdraw Jantar Mantar’s designated status. It argues that shifting demonstrations to distant or outlying areas could make the fundamental rights to peaceful assembly and freedom of expression less effective in practice.
During the hearing, senior advocate Mukta Gupta, appearing for the petitioner, argued that a protest venue should be located close enough to government establishments for demonstrators to communicate their concerns to the authorities.
Senior advocate Gopal Sankaranarayanan also sought the restoration of Jantar Mantar’s status as a designated protest site.
The arguments centred on whether identifying alternative locations would adequately protect the right to protest, particularly when demonstrations may be organised in response to sudden government decisions.
What Did The Supreme Court Say During The Hearing?
The bench indicated that it would examine whether the authorities had applied their mind to Jantar Mantar’s use and effectiveness as a common protest venue.
Justice Bagchi also observed that the question of whether protesters could make themselves heard needed to be considered in light of technological advancements.
The hearing included a clarification from Solicitor General Tushar Mehta over the role of an earlier Supreme Court order in the decision to de-notify the site.
Sankaranarayanan argued that the authorities had indicated that the decision was taken in accordance with a Supreme Court order. Mehta, however, said the court’s earlier decision was not the basis for the de-notification. He submitted that a committee had been constituted to examine alternative venues and that the decision followed its recommendations
The court has sought the authorities’ response to the challenge. It has not, at this stage, ordered Jantar Mantar to be restored as a designated protest site.
Which Three Alternative Protest Sites Have Been Designated In Delhi?
Following the de-notification, Delhi Police identified three locations for public demonstrations:
– Ramlila Ground: One of Delhi’s established public gathering venues.
– Burari Ground: A designated alternative in North Delhi.
– CBD Ground: A designated alternative in East Delhi.
The Delhi Police order also stated that a detailed and revised Standard Operating Procedure (SOP) for holding protests at the new venues would be issued separately.
The petitioners have questioned the suitability of the alternatives, arguing that some locations are far from the central administrative area and that certain venues are situated near landfill areas. They contend that the practical accessibility of protest sites matters when assessing whether the right to peaceful assembly can be exercised effectively.
The Supreme Court’s notice brings the dispute over Jantar Mantar’s status under judicial consideration. The next stage will depend on the responses from the Centre and Delhi Police and the court’s assessment of the reasons behind the decision.
