Why must city be held to ransom?: Delhi HC questions protests at Jantar Mantar

The Delhi High Court on Friday reopened the debate over whether Jantar Mantar should continue as the national capital's principal protest venue, questioning why demonstrations should be allowed in the heart of the city and observing that residents should not be inconvenienced.

"According to me, these things should not happen in the city. But it is the government's call. Why should the city be held to ransom unnecessarily?" Justice Amit Mahajan remarked orally while hearing a plea seeking permission to hold a demonstration at Jantar Mantar on 10 August.

The immediate case before the court concerned a petition by the All India Dalit Christian Rights Protection Committee, which sought directions to the Delhi Police to decide its application for permission to hold a peaceful protest between 10.00 am and 1.00 pm on 10 August. However, the hearing quickly broadened into a discussion on whether Jantar Mantar should continue to serve as Delhi's principal protest site.

Jantar Mantar has served as the capital's designated venue for demonstrations since the 1990s, after protests were shifted away from Boat Club near India Gate because of security concerns. In 2018, the Supreme Court refused to uphold a blanket ban on protests at the site, affirming that peaceful assembly is a fundamental right while directing authorities to frame guidelines balancing the rights of protesters with those of local residents. The court also noted that Jantar Mantar had long been earmarked by the authorities as a venue for demonstrations.

In recent weeks, the site has once again become the epicentre of a nationwide agitation after the Cockroach Janta Party (CJP)-led movement against alleged examination paper leaks and recruitment irregularities chose Jantar Mantar as its base. The protest drew thousands of students and job aspirants from across the country, culminating in a march towards Parliament on 20 July that ended in clashes with police and reignited the debate over balancing the right to protest with public order.

After the petitioner's counsel submitted that the organisation's request had remained pending with the Delhi Police since 9 July, Justice Mahajan observed, "Personally speaking, why should protests happen inside the city?"

While noting that maintaining law and order falls within the domain of the police, the court directed the Delhi Police to take a decision on the application by Saturday.

The judge clarified that he was expressing no opinion on whether permission should be granted or refused and only wanted the petitioner to be informed of the authorities' decision. "The Delhi Police shall decide the application and convey its decision by tomorrow," the court said.

Additional solicitor-general Chetan Sharma, appearing for the Delhi Police, said prohibitory orders were already in force in the area ahead of Independence Day celebrations. He also informed the court that the Supreme Court was examining the larger issue of identifying an alternative protest site.

On 3 August, the apex court agreed to hear a public interest litigation contending that Jantar Mantar, located in the heart of the capital, was no longer a suitable venue for protests because they disrupted traffic, inconvenienced residents and affected essential services. The petition seeks the identification of alternative sites in the National Capital Region.

Counsel for the petitioner said only around 75 people were expected to participate in the 10 August demonstration and added that the organisation would be willing to protest at an alternative venue if assigned by the police. The proposed protest relates to the organisation's long-standing demand for the inclusion of Dalit Christians within the Scheduled Castes framework.

With PTI inputs