Delhi HC to hear IYC plea against protest ban
Delhi High Court will hear the Indian Youth Congress plea challenging the Delhi Police's refusal to permit a protest against CEC Gyanesh Kumar.
The Delhi High Court is set to take up a significant legal challenge on Friday regarding the fundamental rights of assembly and protest in the national capital. The court will hear a petition filed by the Indian Youth Congress (IYC) that contests the Delhi Police's decision to deny permission for a demonstration aimed at protesting against Chief Election Commissioner Gyanesh Kumar.
The Legal Battle at Jantar Mantar
The matter was brought to the attention of a division bench, led by Acting Chief Justice Nitin Wasudeo Sambre, on Thursday. Senior Advocate Sanjay Ghose mentioned the case, prompting the court to schedule a hearing for Friday. The bench has further noted that if the matter is not listed within the next 24 hours, the counsel is permitted to mention the case again.
The petition, filed by IYC National President Uday Bhanu Chib through advocate Roopesh Singh Bhadauria, targets a specific police order dated October 1. This order rejected the organization's request to hold a peaceful gathering at the iconic Jantar Mantar.
Timeline of the Dispute
The details of the IYC's request reveal a timeline that the organization claims was highly problematic. According to the plea:
- September 25: The IYC approached the Delhi Police seeking permission to hold a peaceful protest.
- Scale of Protest: The organization estimated a turnout of approximately 100 to 150 participants.
- Commitment to Order: The IYC stated they were prepared to adhere to all security, traffic management, and public order protocols.
- October 1: The police officially communicated their refusal, which was also the date the protest was originally intended to take place.
Constitutional Rights at Stake
The core of the IYC's argument rests on the protection of constitutional freedoms. The plea contends that the police's refusal constitutes a violation of the fundamental rights to freedom of speech and expression, as well as the right to peaceful assembly, guaranteed under Articles 19(1)(a) and 19(1)(b) of the Indian Constitution.
The organization has raised concerns regarding what they describe as the "mechanical application" of guidelines used to regulate public assemblies. While the IYC acknowledges that the police have the authority to regulate gatherings to maintain order, they argue that authorities cannot impose blanket restrictions without considering the specific circumstances of an individual event.