New Delhi [India], October 12 : The Delhi High Court on Monday deferred the hearing on a plea filed by the Indian Youth Congress (IYC) challenging the Delhi Police’s refusal to grant permission for a proposed protest against Chief Election Commissioner Gyanesh Kumar at Jantar Mantar, after the police sought time to obtain instructions.
Additional Solicitor General Chetan Sharma, appearing for the Delhi Police, sought time until Tuesday to take instructions on the plea.
Senior advocates Siddharth Luthra and Vivek Tankha appeared for IYC. The court allowed the police counsel’s request and listed the matter for hearing on Tuesday.
The plea has been filed by IYC national president Uday Bhanu Chib, challenging the Delhi Police order dated October 1 rejecting the organisation’s request to hold the demonstration.
According to the petition, the IYC had approached the police on September 25 seeking permission to organise a peaceful protest involving around 100-150 people. The organisation claimed it was willing to comply with all conditions relating to security, traffic management and the maintenance of public order.
The plea states that despite repeated follow-ups, the police communicated their decision only on October 1, the date proposed for the protest.
The Youth Congress has argued that while the police are empowered to regulate public gatherings, restrictions cannot be imposed without considering the circumstances of the particular event.
The organisation has further contended that the refusal to grant permission infringes upon its fundamental rights to freedom of speech and expression and peaceful assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution.
The petition also challenges the alleged mechanical application of guidelines governing protests and public assemblies. It has been filed through Advocate Roopesh Singh Bhadauria.