Delhi HC Seeks Centre’s Stand on Pleas to Regulate Protests
The Delhi High Court has asked the Centre to respond to petitions seeking rules to regulate protests and prevent traffic and business disruptions.
The Delhi High Court has intervened in a significant legal move to address the chaos caused by public demonstrations in the national capital. On Tuesday, a bench comprising Acting Chief Justice Nitin Sambre and Justice Sanjay Sharma sought the Union Government's official position regarding two petitions aimed at regulating protests to prevent the disruption of traffic, business activities, and public access.
The court's decision comes as authorities are tasked with finding a balance between the right to demonstrate and the necessity of maintaining order in the city's vital corridors.
Seeking Order Amidst Demonstrations
The legal challenge was brought forward through two distinct petitions. One was filed by a local trader concerned about economic stability, while the other was submitted by advocate Rishabh Saxena. During the proceedings, Senior Advocate Sacchin Puri, representing one of the petitioners, emphasized that ongoing protests are increasingly interfering with daily business operations.
The petitioners are not asking for a total prohibition of demonstrations. Instead, they are seeking interim directions to ensure that protests are confined to designated locations, thereby preventing them from paralyzing the work of professionals and the commerce of traders.
Legal Precedents and Traffic Management
The petitions highlight the need for the strict enforcement of existing Supreme Court guidelines and specific police orders. Specifically, advocate Rishabh Saxena has called for the implementation of:
- Mazdoor Kisan Shakti Sangathan v. Union of India: A landmark judgment regarding the regulation of protests.
- Amit Sahni v. Commissioner of Police: Another key ruling concerning public order and demonstrations.
- Delhi Police Standing Order No. 10/2018: Existing rules meant to govern how protests are held.
A major component of the plea involves the creation of a Standard Operating Procedure (SOP) for traffic management. This would include assessing the potential impact of a protest in advance, creating diversion plans, deploying sufficient traffic personnel, and issuing timely advisories to the public to avoid gridlock.
Impact on Daily Life and Central Delhi
The necessity of these regulations was illustrated by a recent incident cited in the petition. Saxena reported that while traveling for professional work on October 12, a gathering near the Mandi House roundabout caused a massive traffic disruption, delaying his journey by approximately two hours.
The plea specifically seeks to prevent the blocking of roads around critical areas such as:
- Mandi House
- Jantar Mantar
- Key routes providing access to courts, tribunals, and statutory authorities.
New Protest Venues and Coordination
Following the Delhi Police's decision to remove Jantar Mantar from the list of designated protest sites, new locations such as Ramlila Ground, Burari Ground, and CBD Ground have been identified. The petitioners are seeking clear, enforceable rules for these new venues, including better coordination with emergency services and improved public information systems.
The High Court has taken note that similar matters are currently pending before the Supreme Court. Consequently, the bench has asked the authorities to place their formal stand on record before proceeding further.