Jantar Mantar No Longer a Protest Hub: Delhi Police Defend Denotification in Supreme Court
Delhi Police tell Supreme Court that Jantar Mantar was denotified due to MHA panel findings on traffic and safety, not a recent court order.
The Delhi Police have formally informed the Supreme Court that the decision to denotify Jantar Mantar denotification as a designated venue for protests was a calculated move based on administrative necessity and security concerns, rather than a reaction to a recent judicial order.
In a counter-affidavit filed in response to a plea by journalist Swaty Singh, Delhi Police Commissioner Anurag Kumar clarified that the shift was driven by the recommendations of a Ministry of Home Affairs (MHA) committee. The police emphasized that the decision was rooted in the evolving ground reality of the area, citing severe traffic obstructions, crowd management failures, and the negative impact on local residents and government operations.
Timeline of the Decision
A key point of contention in the legal battle is whether the denotification was a direct result of the Supreme Court's October 9 order in the M.A. Baby case. The Delhi Police have categorically denied this, providing a detailed timeline to prove the decision was already in motion:
- August 26: The MHA constituted a specialized committee to evaluate if Jantar Mantar should remain a designated protest site and to seek alternative locations.
- September: The committee submitted its report to the MHA.
- September 14: The report was forwarded to the Delhi Police.
Because these steps occurred well before the October 9 order, the police argue that the denotification was an independent administrative action. However, they did note that the October 9 order—which suggested identifying alternative sites with basic amenities for peaceful protests—effectively supports their current direction.
Why Jantar Mantar Was Deemed Unsuitable
The Delhi Police presented a stark picture of the chaos surrounding the historic site, arguing that the "changed ground situation" made it impossible to maintain order. They pointed out that Jantar Mantar is essentially a public road rather than a traditional protest ground, and its use as a permanent venue has hindered the free movement of citizens.
The Numbers Behind the Chaos
To justify the move, the police provided several alarming statistics regarding the site's capacity and usage:
- High Volume: The area witnesses over 1,300 protests and demonstrations annually.
- Capacity Gap: While the assessed capacity is only about 1,500 people, gatherings often far exceed this, spilling over into Janpath and Connaught Place.
- Emergency Risks: Fire brigades and ambulances frequently face constraints in navigating the area due to the crowds.
Impact on Diplomacy and Governance
The police highlighted the strategic sensitivity of the location, noting that the area is a hub for international diplomacy and national administration. Within a 3-4 km radius of Jantar Mantar, there are:
- 78 foreign embassies, diplomatic missions, and international organizations.
- 99 Central government offices and institutions, which see a combined daily footfall of approximately 1.46 lakh people.
The Human Cost: Residents and Rights
Beyond the government offices, the police cited the plight of thousands of residents. The area houses more than 64,000 people across 7,017 private residential units and 5,349 government residential units, all of whom are affected by the constant protests.
Referring back to a 2018 Supreme Court judgment, the Delhi Police argued that while peaceful protest is a fundamental right, it must be balanced against the rights of other citizens. They reminded the court that the right to protest at one specific location is not a fundamental right, and the authorities possess the power to shift the venue to ensure public order and safety.