Delhi HC Seeks Centre’s Stand on Pleas to Regulate Protests in the Capital

The Delhi High Court on Tuesday asked the Centre and the authorities to state their position on two petitions seeking rules to regulate protests in the national capital and prevent disruption to traffic, business and public access.

A bench of Acting Chief Justice Nitin Sambre and Justice Sanjay Sharma asked the authorities to take instructions after being told that similar matters are pending before the Supreme Court.

The judges said they did not wish to deal with an issue already before the apex court and asked for the authorities’ stand to be placed on record.

TWO PETITIONS, ONE DEMAND

The pleas were mentioned before the bench on Tuesday morning. One was filed by a trader and the other by advocate Rishabh Saxena. Senior advocate Sacchin Puri, appearing for one of the petitioners, said protests were hurting business activity.

He sought interim directions to confine demonstrations to designated locations so that traders and professionals can work undisturbed.

The bench was told that the petitions mainly seek implementation of existing Supreme Court directions on regulating protests.

WHAT SAXENA WANTS

Saxena’s petition asks the court to enforce two Supreme Court judgments, Mazdoor Kisan Shakti Sangathan v. Union of India and Amit Sahni v. Commissioner of Police, along with Delhi Police Standing Order No. 10/2018, which lays down the rules for holding protests.

He has sought a standard operating procedure for managing traffic during demonstrations, including an advance assessment of their likely impact, proper diversion plans, deployment of traffic personnel and timely public advisories.

He also wants directions to keep protests from blocking roads around Mandi House, Jantar Mantar and other parts of central Delhi, and to ensure unobstructed access to courts, tribunals and statutory authorities.

Saxena cited an incident on October 12. He said he ran into a gathering near the Mandi House roundabout while travelling from Defence Colony to Barakhamba Road for work, and that the resulting disruption delayed his journey by about two hours.

THE JANTAR MANTAR QUESTION

The petition also seeks a review of protest arrangements after Delhi Police removed Jantar Mantar from the list of designated protest venues. Ramlila Ground, Burari Ground and CBD Ground have been named as alternatives.

Saxena wants clear rules for demonstrations at these new venues, along with advance traffic management, timely public information and coordination with emergency services.

He has made clear that he is not seeking a blanket ban on peaceful protests. His plea asks for demonstrations to be held without unnecessary inconvenience to the public or obstruction of essential services.

THE TRADER’S PLEA

The trader’s petition separately seeks measures to prevent protests from disrupting commercial activity and access to business areas, including Connaught Place.

With inputs from ANI