Delhi HC issues notice on IYC plea against protest ban
The Delhi High Court issued a notice to Delhi Police regarding the Indian Youth Congress plea against the denial of protest permission at Jantar Mantar.
The Delhi High Court on Tuesday intervened in a legal battle between the Indian Youth Congress (IYC) and the Delhi Police. The court has issued a notice regarding a plea filed by the youth wing, which challenges the denial of permission to hold a protest against Chief Election Commissioner (CEC) Gyanesh Kumar at Jantar Mantar.
The Legal Tug-of-War
The dispute centers on the IYC's attempt to organize a demonstration. According to the petition filed by IYC National President Uday Bhanu Chib, the organization had approached the police on September 25 to seek permission for a peaceful gathering involving approximately 100 to 150 people. The IYC maintained they were fully prepared to adhere to all security, traffic, and public order regulations.
However, the petitioner claims that despite consistent follow-ups, the Delhi Police only communicated their refusal on October 1—the very day the protest was scheduled to take place. The IYC argues that this denial is a direct infringement of their fundamental rights to freedom of speech and peaceful assembly as guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution.
Police Argument: Jantar Mantar De-notified
Representing the Delhi Police, Additional Solicitor General Chetan Sharma presented a significant counter-argument. He submitted that the petition has essentially become infructuous because Jantar Mantar has been de-notified as a designated protest site.
The ASG argued that this decision was made following an order passed by the Supreme Court on October 9. "The Supreme Court had said appropriate sites need to be identified and designated, and we have precisely done that," the ASG stated, asserting that the police were acting in accordance with judicial directives.
Court Directions and Next Steps
Justice Amit Mahajan has issued the notice and requested a formal response from the Delhi Police. The court also noted that the petitioner must amend their petition to reflect the most recent legal developments, specifically the change in the status of Jantar Mantar.
The case is now scheduled for a detailed hearing on November 17. The IYC is being represented by senior advocates including Siddharth Luthra, Tanvir Ahmed Mir, and Nandita Rao, alongside Advocate Roopesh Singh Bhadauria.