New Delhi [India], August 7 : The Delhi High Court on Friday directed the Delhi Police to decide on an application seeking permission for a peaceful protest at Jantar Mantar on August 10 over the demand for extending Scheduled Caste status to Dalit Christians, while observing that the issue of law and order falls within the police's domain.
Justice Amit Mahajan disposed of a plea filed by the All India Dalit Christian Rights Protection Committee (AIDCRPC) after the Centre informed the Court that the Delhi Police would decide the application and communicate its decision by Saturday.
Appearing for the petitioner, Senior Advocate Sanjoy Ghose submitted that the organisation was only seeking a decision on its application for permission to hold a three-hour stationary protest by around 75 participants at Jantar Mantar. He clarified that the gathering would not involve any march or procession and would comply with all conditions prescribed under the Delhi Police Standing Order governing protests.
During the hearing, Justice Mahajan observed that while the right to protest is recognised, protests should not unnecessarily inconvenience the public. "According to me these things (protests) should not happen in the city, but it is ultimately the government's call... Why should the city be put to ransom unnecessarily?" the Court remarked, adding, "Don't put the city to ransom. Let the police take a call."
Additional Solicitor General Chetan Sharma, appearing for the authorities, opposed immediate relief, submitting that the petitioner had not obtained the necessary no-objection certificate from the local authorities. He further informed the Court that the Supreme Court is already examining the broader issue of whether Jantar Mantar should continue to be designated as a protest site.
The ASG also pointed out that prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (earlier Section 144 CrPC) are currently in force in parts of Delhi and that extensive security arrangements are underway ahead of Independence Day.
He submitted that these considerations would have to be taken into account while deciding the request for permission.
When informed that the proposed gathering would be limited to 75 persons, the ASG responded that the authorities could not predict whether the number would remain confined to that figure. However, he assured the Court that the Delhi Police would take a decision on the application and convey it by the following day.
Recording the statement, the High Court disposed of the petition without issuing any direction on the merits of the request, leaving it to the competent police authorities to decide the application in accordance with law.
According to the petition, AIDCRPC had applied for permission on July 9 to organise a peaceful demonstration from 10 a.m. to 1 p.m. at Jantar Mantar to highlight the long-pending demand for extending Scheduled Caste status to Dalit Christians through an amendment to the Constitution (Scheduled Castes) Order, 1950.
The organisation alleged that despite repeated follow-ups, no written decision had been communicated, and on August 4, it was orally informed that permission would not be granted without any formal order or suggestion of an alternative venue.