Delhi Police: Jantar Mantar Protest Site Never Meant for Demos

• The Delhi Police informed the Supreme Court that Jantar Mantar should not have been a designated protest site due to limited capacity and proximity to sensitive areas.
• Delhi Police Commissioner Anurag Kumar filed an affidavit stating the de-notification was an administrative decision based on a Ministry of Home Affairs committee recommendation.
• The police's affidavit contended that no individual possesses a fundamental right to protest at a specific location.
• Advocate Swaty Singh challenged the de-notification, arguing it violates fundamental rights to freedom of speech and peaceful assembly under Article 19(1)(a) and 19(1)(b).
• Singh's petition asserts that while rights can be regulated, such regulation cannot prohibit or render their exercise illusory, and location is central to effective protests.

The Delhi Police's affidavit notably asserted that no individual possesses a fundamental right to stage a protest at any specific location.

The Delhi Police recently informed the Supreme Court that the Jantar Mantar protest site, a public thoroughfare, should never have been designated for demonstrations. This assertion was made in an affidavit submitted to the Court by Delhi Police Commissioner (DCP) Anurag Kumar, outlining the rationale behind the de-notification of the prominent protest venue. The police cited Jantar Mantar's limited capacity to accommodate large gatherings and its close proximity to sensitive government buildings and foreign embassies as primary reasons for the decision.

Commissioner Kumar further clarified that the de-notification of the Delhi Police Jantar Mantar protest site was an administrative and executive decision. This action, he stated, followed a unanimous recommendation from a Ministry of Home Affairs committee. A crucial point raised in the affidavit was the police's contention that no individual holds a fundamental right to protest at a particular, specific location.

The Delhi Police's affidavit was filed in response to a petition lodged by advocate Swaty Singh, who challenged the de-notification of the Jantar Mantar protest site. Singh's petition argues that the move infringes upon fundamental constitutional rights, specifically the freedom of speech and expression under Article 19(1)(a) and the right to assemble peacefully, protected by Article 19(1)(b) of the Indian Constitution.

While acknowledging the State's authority to regulate these rights in the interest of public order, the Swaty Singh Jantar Mantar petition maintains that such regulation cannot amount to a complete prohibition or render the exercise of these fundamental rights meaningless. The petition further emphasizes that the physical location of a protest is integral to its effectiveness, highlighting the importance of proximity to relevant institutions, public accessibility, and visibility for successful demonstrations.

The Delhi Police affidavit protest rights argument, particularly the assertion that there is no fundamental right to protest at a specific location, carries significant implications for public assembly in India. This stance, presented by Anurag Kumar regarding the Jantar Mantar de-notification Supreme Court proceedings, could set a precedent for how protest venues are managed and challenged in the future. The police's characterization of the de-notification as purely administrative suggests a framework where authorities retain broad discretion over where and how protests can occur.

This legal position directly contrasts with the arguments presented in the Swaty Singh Jantar Mantar petition, which underscores the constitutional importance of location for effective protest under Article 19(1)(a) protest India. The outcome of this case will likely influence future regulations concerning designated protest sites and could impact the ability of citizens to exercise their rights to peaceful assembly and expression in visible and impactful ways.

Lawyers advising clients on public assembly or constitutional rights in India should note the Delhi Police's stance to the Supreme Court regarding the de-notification of Jantar Mantar as a protest site, as this could influence future regulations and challenges to protest venues, particularly concerning the argument that no fundamental right exists to protest at a specific location.

Source: Original reporting via Bar & Bench