SC LIFTS BLANKET BAN ON PROTESTS IN DELHI
The Supreme Court on Monday slammed Delhi Police for imposing a virtual "blanket ban" on protests in the Central vistas of Delhi by notifying Section 144 of Crpc every sixty days.
Asserting a balance between the right to protest and security considerations, the Bench of Justices A K Sikri and Justice Ashok Bhushan gave Delhi Police Commissioner two months to frame guidelines on regulating the protests. The judgment came on a petition by the Mazdoor Kisan Shakti Sanghatan.
It not only ordered to reopen Jantar Mantar for protests that was closed asking people to demonstrate at the Ramlila Ground, but it also directed resumption of demonstrations at the Boat Club that were banned 10 years ago permitted since Independence.
The Bench made it clear that the police can regulate through proper guidelines but it cannot completely banned the public meetings, demonstrations and dharnas as it violates the people's fundamental right to demonstrate peacefully. It asked the Delhi Police to frame proper guidelines for regulating such protests, demonstrations, etc.
"There can, therefore, be proper guidelines laying down the parameters under which permission can be granted in even the Boat Club area. It can be a very restrictive and limited use, because of the sensitivities pointed out by the
respondents and also keeping in mind that Ramlila Maidan is available and Jantar Mantar Road in a regulated manner shall be available as well, in a couple of months," the Court said.
It laid down the parameters of the proposed guidelines, saying they may include the provisions for regulating the numbers of persons intending to participate in such demonstrations, prescribing the minimum distance from the Parliament House, North and South Blocks, Supreme Court, residences of dignitaries etc. within which no such demonstrations would be allowed; imposing restrictions on certain routes where normally the Prime Minister, Central Ministers, Judges etc pass through; not permitting any demonstrations when foreign dignitaries are visiting a particular place or pass through the particular route; not allowing firearms, lathis, spears, swords, etc. to be carried by demonstrators; not allowing them to bring animals or pitch tents or stay overnight; prescribing time limits for such demonstrations; and placing restrictions on such demonstrations, etc. during peak traffic hours.
"To begin with, authorities can permit those processions and demonstrations which are innocuous by their very nature. Illustratively, school children carrying out procession to advance some social cause or candle march by peace loving
group of persons against a social evil or tragic incident. These are some of the examples given by us to signify that such demonstrations can be effectively regulated by adopting various measures instead of banning them altogether by rejecting every request for such demonstrations."