No blanket ban on protests at Jantar Mantar: Supreme Court
NEW DELHI : Protests and demonstrations will soon be back at Jantar Mantar and Boat Club after the Supreme Court on Monday cited the fundamental right of citizens to protest and ruled that there cannot be a “complete ban” at either of the central Delhi venues. The court gave two months to Delhi police commis- sioner Amulya Patnaik to outline suitable guidelines for permitting public protests, thereby overturning a ban on protests at Jantar Mantar imposed by the National Green Tribunal (NGT) last year.
NEW DELHI: Protests and demonstrations will soon be back at Jantar Mantar and Boat Club after the Supreme Court on Monday cited the fundamental right of citizens to protest and ruled that there cannot be a “complete ban” at either of the central Delhi venues.
The court gave two months to Delhi police commissioner Amulya Patnaik to outline suitable guidelines for permitting public protests, thereby overturning a ban on protests at Jantar Mantar imposed by the National Green Tribunal (NGT) last year. Protests at Boat Club had been banned following a farmers’ demonstration in 1988 that had turned violent. The NGT’s October 2017 order was challenged by groups such as the Mazdoor Kisan Shakti Sangathan, the ex-servicemen movement, and others.
“The right to protest is recognised as a fundamental right under the Constitution,” a bench of justices AK Sikri and Ashok Bhushan said. “This right is crucial in a democracy, which rests on the participation of an informed citizenry in governance.” The bench underlined that “nobody can claim that I have a right to hold a demonstration at one particular area only”. It added the right to protest is subject to certain restrictions authorities impose.
It said the guidelines should prescribe minimum distance from Parliament; North and South Blocks, where key government ministries are located; the Supreme Court; and residences of dignitaries.
The court said restrictions should also be imposed on certain routes the Prime Minister, central ministers and judges take. It added that demonstrations should not be permitted when foreign dignitaries are visiting a particular place or pass through a particular route, apart from suggesting some other restrictions.
The petitioners had argued aggrieved citizens from all over the country protest in Delhi to get their voices heard. They contended that Ramlila Maidan, which the NGT had suggested as an alternative protest venue, is far away from that portion of New Delhi area “where there is a concentration of power”.
The petitioners argued, therefore, holding protests at Ramlila Maidan would have no or very little impact.