Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka were sent to five days of judicial custody and lodged in Tihar Jail on Wednesday for allegedly violating their peace bonds and trespassing at Jantar Mantar, which has been denotified as a designated protest site.
The move triggered a strong reaction from opposition leaders. AAP supremo Arvind Kejriwal called the action against the CJP leaders “absolutely ridiculous”, while Congress MP Rahul Gandhi said Jantar Mantar belongs to the people of India and vowed to reclaim it.
JANTAR MANTAR OFF-LIMITS: WHAT NOW?
Anyone returning to Jantar Mantar to stage a demonstration, gather crowds, deliver speeches or incite public unrest could face legal action and find it harder to secure bail. Protests at Jantar Mantar or other restricted areas in Delhi without the required permission can invite legal action.
Before Jantar Mantar was removed from the list of designated protest sites, demonstrators were required to obtain a written no-objection certificate (NOC) from the deputy commissioner of police (DCP) of the New Delhi district. The application had to specify the number of participants and the duration of the protest.
Gathering a crowd without permission could attract detention, fines and imprisonment ranging from six months to five years, depending on the nature and severity of the offence.
However, with Jantar Mantar now subject to prohibitory orders, activities such as protests, sloganeering and effigy burning are restricted. Any institution, organisation or group staging a demonstration without written permission from the police can face legal action.
WHAT DOES THE LAW SAY?
The police can enforce prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced Section 144 of the Code of Criminal Procedure (CrPC). Such orders may prohibit gatherings of five or more people in specified areas, including sensitive locations around Jantar Mantar.
The police can order a crowd to disperse. Those who refuse to comply may be removed or detained, and legal proceedings may follow.
Disobeying prohibitory orders
Disobeying a lawful order issued by a public servant can attract action under Section 223 of the Bharatiya Nyaya Sanhita (BNS), which replaced Section 188 of the Indian Penal Code (IPC). The punishment depends on the nature of the violation and its consequences and may include imprisonment, a fine or both.
If a protest turns violent or participants obstruct government work, the gathering may be treated as an unlawful assembly, depending on the circumstances. Section 189 of the BNS, which replaced Section 143 of the IPC, deals with unlawful assembly. The punishment can include imprisonment of up to six months, a fine or both. If members of the assembly are armed with deadly weapons, the punishment can extend to two years in prison.
Obstructing or attacking police personnel
If protesters confront police personnel, break barricades or obstruct officers performing their duties, they may face charges under the relevant provisions of the BNS. Section 221 deals with obstructing a public servant in the discharge of public functions and carries a punishment of up to three months in prison, a fine or both.
Assaulting or using criminal force against police personnel can attract more serious charges. Depending on the circumstances, the offence may be non-bailable and carry a prison term of up to five years.
Damaging public property
If protesters damage buses, barricades or other government property, the police can register a case under the Prevention of Damage to Public Property Act. The law provides for imprisonment of up to five years for certain offences involving damage to public property. Those responsible may also be required to compensate for the damage.
What happens when police stop a protest?
The police may detain protesters and take them by bus to another location, such as a stadium or police facility, before releasing them later. If the incident is serious, an FIR may be registered against the organisers and key participants.
Organisations whose members violate protest restrictions may also face greater scrutiny when seeking permission for future demonstrations in Delhi.
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