New Delhi, Oct 15: The Supreme Court, on Thursday, sought responses from the Centre and Delhi Police on a petition challenging an October 11 order de-notifying Jantar Mantar as a designated protest site and naming three alternative venues for demonstrations.
A bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi orally observed that it would examine whether the authorities had applied their minds to the suitability and effectiveness of Jantar Mantar as a protest site.
During the hearing of a petition filed by advocate Swaty Singh, senior advocate Gopal Sankaranarayanan sought the restoration of the notification designating Jantar Mantar as a protest site.
He pointed out that the de-notification had reportedly been issued in accordance with an earlier Supreme Court order.
Solicitor General Tushar Mehta, however, clarified that the earlier Supreme Court decision was not the basis for the latest de-notification.
He said a committee constituted to examine the issue had submitted a report setting out the reasons for the decision.
Senior advocate Mukta Gupta argued that a designated protest site should allow demonstrators to effectively make their voices heard.
Justice Bagchi observed that the issue also needed to be examined in the context of technological developments.
Responding to arguments that Jantar Mantar should not be relocated because of its proximity to government establishments, the judge indicated that the court would seek a response from the authorities on the concerns raised.
The Supreme Court also directed Delhi Police to submit the prohibitory orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced Section 144 of the Code of Criminal Procedure (CrPC).
The orders had restricted public gatherings and demonstrations in Delhi on various dates over the preceding fortnight.
The court further directed law enforcement agencies to preserve CCTV footage and other digital evidence related to the protests.
The petition contended that shifting demonstrations to distant and outlying areas could undermine the fundamental rights to peaceful assembly and freedom of expression.
A standing order issued by Delhi Police Commissioner Anurag Kumar on October 11 de-notified Jantar Mantar as a designated protest site and named Ramlila Ground, Burari Ground and CBD Ground in east Delhi as alternative venues for protests and demonstrations.