ASG Tushar Mehta to assist SC in plea to allow demonstrations in Delhi

The Supreme Court today while issuing notice has asked the Centre to assist it in a plea by NGO Mazdoor Kisan Shakti Sangathan seeking directions to allow demonstrations in Central Delhi..A Bench of Justices AK Sikri and Ashok Bhushan passed the order while hearing the plea..Advocate Prashant Bhushan appeared and argued for the petitioner. He contended that the police and the authorities cannot continue to restrict demonstrations by imposing Section 144 of the Code of Criminal Procedure..The National Green Tribunal (NGT) had recently directed the Delhi government to stop all demonstrations and protest-oriented activities on the Jantar Mantar road stretch..During the course of today’s hearing, the Court told Bhushan that the petition raises a question on the NGT order without actually challenging the order. It further stated that it cannot take cognizance of a matter that has not been challenged..Bhushan informed the Court that the issue raised in the present petition differs from the issue addressed by the NGT. He apprised the Bench that an appeal to the NGT order will be filed later, but the present petition deals with a larger issue, which is the fundamental right to protest..The petition contends,.“….holding peaceful demonstrations in order to air grievances and to see that their voice is heard in the relevant quarters, is the right of the people. Such a right can be traced to the fundamental freedoms that are guaranteed under Articles 19 (1) (a) and 19 (1) (b) of the Constitution. Article 19(1)(b) specifically confers the right to assemble and thus guarantees that all citizens have the right to assemble peacefully and without arms.”.He further submitted to the Bench that apart from Jantar Mantar, there are other areas in the capital where demonstrations were earlier allowed, but have been gradually restricted over time..The petition contends that the Delhi police has been regularly issuing prohibitory orders for several years as soon as the previous order expires. The petition further contends that the repetitive orders of the Delhi police amounts to an abuse of power and hinders the citizen’s Fundamental right to protest..The Bench shared its inputs with Bhushan and told him that it was mainly due to heavy traffic that restrictions were imposed. In response, Bhushan prayed that necessary guidelines be issued to regulate the traffic..After hearing his arguments, the Centre asked Additional Solicitor General Tushar Mehta to assist the Court on the issue and to consider whether or not traffic in these areas can be regulated..The Bench has asked the Centre for suggestions on the issue within four weeks..Read the petition below.