No Repeat of July Chaos: Delhi Police Defend Section 163 Restrictions Before SC
Delhi Police tell the Supreme Court that Section 163 restrictions in October were necessary to prevent a repeat of the July law and order crisis.
The Delhi Police have moved the Supreme Court to justify the imposition of Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in various parts of the national capital during October. In an additional affidavit, the police asserted that these restrictions on protests and public gatherings were essential to prevent a law and order crisis similar to the one witnessed during the NEET paper leak protests in July.
Preventing a 'July-like' Crisis
Delhi Police Commissioner Anurag Kumar stated that the measures were taken due to the high sensitivity of the New Delhi district. The area houses critical installations, including the Parliament, Rashtrapati Bhawan, India Gate, and Jantar Mantar. The police argued that without these restrictions, there was a significant risk of large gatherings leading to traffic congestion, threats to human life, and a general disturbance of public tranquillity.
This legal submission comes in response to a plea filed by CPI(M) leader M.A. Baby, following a direction from the Supreme Court on October 15 asking the police to provide the records of orders issued under Section 163.
Targeted Restrictions, Not a Blanket Ban
The police clarified that the restrictions were not a uniform "blanket prohibition" across the entire city. Instead, they explained that Delhi is divided into 15 police districts and 72 sub-divisions, with orders being issued based on the specific "emergent jurisdictional law and order situation" of each area.
The seven specific orders submitted to the court cover the following locations:
- Connaught Place
- Tughlaq Road
- Parliament Street
- Chanakyapuri
- Barakhamba Road
- Safdarjung Enclave
- Defence Colony
What Was Prohibited?
Under these orders, several activities were strictly banned without prior written permission, including:
- Public meetings and assemblies of five or more people.
- Processions, demonstrations, and the shouting of slogans.
- Public speeches and the organization of dharnas or picketing.
- The carrying of specific objects such as firearms, banners, placards, and lathis.
Area-Specific Justifications
The affidavit detailed why certain zones required stricter control:
Connaught Place
Described as a zone with heavy pedestrian and vehicular traffic, the order for Connaught Place was issued for 60 days starting August 21. While it covered the Mandir Marg and Connaught Place police station areas, it specifically excluded Jantar Mantar.
Tughlaq Road
The police highlighted the presence of the Central Vista Lawns, Kartavya Path, India Gate, and various foreign embassies. In this area, the police went a step further by prohibiting the movement of heavy vehicles, such as trucks and tractors, to ensure security and smooth traffic flow.
Parliament Street and Chanakyapuri
For Parliament Street, the police cited the high volume of traffic and the potential for unrest to endanger human safety. Similarly, in Chanakyapuri, the presence of the Prime Minister’s residence, Rashtrapati Bhawan, and vital foreign embassies made the area a high-security zone necessitating these restrictions.