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Kalkaji temple priest moves Supreme Court challenging prohibitory order in Delhi

Debayan Roy

A plea has been filed before the Supreme Court challenging the prohibitory order issued by the Delhi police under Section 163 of the Bhartiya Nagarik Suraksha Sanhita (BNSS) barring assembly of five or more persons from September 30 to October 5 in the national capital.

The order dated September 30 bars assembly of five or more unauthorised persons, carrying of fire-arms, banners, placards or lathis and picketing or dharna in public areas.

The plea has been filed by Sunil, who is the priest of the famous Kalkaji temple and is also the secretary of Manas Naman Sewa Society, which organises the grand Ramlila at the Satpula Ground in Chirag Delhi.

As per the plea, the prohibitory order will affect footfall at Ramlila.

The plea moved through advocate Prateek Chadha states that the period during which prohibitory order is in place is a religiously significant period of the Navratas which begins on October 3.

Hence, any assembly to celebrate the festivities in the areas notified by the order (New Delhi, North Delhi, Central Delhi and all the border areas of the NCT of Delhi) will be adversely affected.

"This will have a chilling effect on the rights of the Petitioner (as well as those of many other citizens who are celebrating the Navratas in these areas) under Articles 14, 19, 21 and 25 of the Constitution of India," it has been submitted

The plea further states that there is no whisper of what can be classified as “urgent” requirements for curtailing civil liberties.

"Such invocations have been rendered a tool to control and alter everyday life of citizens by curtailing their liberties under Articles 14, 19, 21 and 25 of the Constitution of India," the plea argues.

The Delhi Police order does not relate to any emergency or unforeseen circumstance that necessitates such a curfew, it has been contended.

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