Delhi HC Plea Seeks Uniform SOP for Protests to Prevent Road Blockages
A PIL in Delhi High Court seeks a uniform SOP for protests to prevent road blockages and ensure smooth traffic flow in the national capital.
A new legal challenge has reached the Delhi High Court, seeking to strike a balance between the constitutional right to peaceful assembly and the public's right to unobstructed movement. An advocate has filed a Public Interest Litigation (PIL) requesting the strict enforcement of existing rules and the creation of a uniform Standard Operating Procedure (SOP) to prevent demonstrations from paralyzing the national capital's roads.
The petition, filed by advocate Rishabh Saxena, argues that frequent protests often lead to massive traffic disruptions, affecting access to commercial hubs, public institutions, and even critical court areas.
The Mandi House Incident
The plea highlights a specific instance of disruption that occurred on October 12. The petitioner, while traveling from Defence Colony to Barakhamba Road for professional work, encountered a massive gathering near the Mandi House roundabout. This congestion, which spilled onto the carriageway and central traffic island, reportedly delayed his journey by approximately two hours.
Photographs submitted as evidence show a sea of vehicles—including taxis, auto-rickshaws, motorcycles, and private cars—stuck in halted or slow-moving traffic. The petitioner noted that in these images, there was no visible presence of traffic personnel, barricades, diversion signs, or emergency corridors to manage the chaos.
Balancing Rights with Order
While acknowledging the right to protest, the petition emphasizes that demonstrations must be conducted at designated venues in strict accordance with the law. It calls for the enforcement of several key legal frameworks, including:
- Supreme Court Judgments: Specifically referencing Mazoor Kisan Shakti Sangathan v. Union of India and Amit Sahni v. Commissioner of Police.
- Delhi Police Standing Orders: Which outline the conditions under which demonstrations can be held.
The petitioner argues that simply shifting protest sites is not enough. Following a recent Delhi Police order that de-notified Jantar Mantar as a protest venue—designating Ramlila Ground, Burari Ground, and CBD Ground as alternatives—the plea suggests that without clear rules and effective traffic management, the same problems will merely migrate to new locations.
Impact on Daily Life and Emergency Services
The petition points to various high-profile agitations, such as the wrestlers' protest in 2023 and various sit-ins regarding employment and examinations, as evidence of how prolonged demonstrations impact the city. The plea contends that these disruptions do not just affect commuters and office-goers, but also:
- Traders and Business Districts: Disrupting economic activity in central Delhi.
- Patients and Emergency Services: Hindering the movement of ambulances and fire services.
- Daily-Wage Workers: Affecting those who rely on timely movement for their livelihoods.
Demands for a New Standard Operating Procedure
To prevent such chaos, the petitioner has asked the authorities to frame or review a uniform SOP. The proposed guidelines include:
- Advance Impact Assessment: Evaluating how a protest will likely affect traffic before it begins.
- Deployment Plans: Ensuring adequate traffic personnel and clear diversion plans are in place.
- Public Advisories: Providing timely information to citizens to avoid affected routes.
- Emergency Access: Maintaining strict coordination to preserve corridors for ambulances and fire services.
- Strict Venue Management: Ensuring no dharna or assembly obstructs roads around Mandi House, Jantar Mantar, and other central Delhi areas outside of designated sites.
Crucially, the plea seeks to ensure that access to the Delhi High Court, various tribunals, and other statutory authorities in central New Delhi remains entirely unobstructed by public demonstrations.