NEW DELHI: The Supreme Court, while setting aside a blanket ban on protests at Jantar Mantar in a 2018 ruling, had held that the right to peaceful protest could not be completely extinguished and that the competing rights of protesters and residents had to be balanced through regulation. The Court had accordingly directed authorities to permit limited and regulated use of the area.
With the Delhi Police now de-notifying Jantar Mantar as a designated protest site and shifting demonstrations to three other venues, the question is whether the decision is legally sustainable in light of the Supreme Court's ruling. In Mazdoor Kisan Shakti Sangathan v. Union of India, the Supreme Court was dealing with a 2017 order of the National Green Tribunal (NGT) which had directed authorities to immediately stop dharnas, protests, agitations, public speeches and other such activities at Jantar Mantar Road and shift protesters to an alternative site.
The Supreme Court held that the right to hold peaceful protests and demonstrations is a fundamental right under Articles 19(1)(a) and 19(1)(b) of the Constitution. The Court also recognised the serious discomfort and harassment caused to residents by the manner in which demonstrations were being held at Jantar Mantar. But it held that the competing rights had to be balanced rather than one right being completely extinguished.
The Court specifically attributed the problems at Jantar Mantar to inadequate regulation by the authorities. "We feel that the pathetic conditions which were caused as a result of the processions, demonstrations and agitations etc. at the Jantar Mantar were primarily because of the reason that authorities did not take necessary measures to regulate the same," the Court said.
It then directed the Delhi Police Commissioner, in consultation with other concerned agencies, to devise a mechanism for the limited use of Jantar Mantar. The Court directed that demonstrations be regulated in a manner that did not cause disturbance or inconvenience to residents of Jantar Mantar Road or the offices situated there. It also said authorities could require prior permission for demonstrations and lay down parameters to decide whether permission should be granted.
The Delhi Police has designated three new venues for protests - Ramlila Ground, Burari Ground and CBD Ground in East Delhi. (ANI)
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