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Case Law

Supreme Court: No Immediate Action on Jantar Mantar Protest Site Suitability

India·LawBeat·⏱️ 3 min readBriefly Analysis

Summary

  • The Supreme Court has agreed to hear a PIL challenging Jantar Mantar's suitability as a protest site.
  • Directions are required to ensure clashes similar to those that took place during recent protests do not recur.
  • FIRs registered against protestors involved in recent protests over the NEET paper leak can be withdrawn, except for those already accused of grave and heinous offences.

What Happened

The court was informed that directions are required to ensure clashes similar to those that took place during recent protests do not recur.

The Supreme Court has agreed to hear a public interest litigation (PIL) that challenges the suitability of Delhi's Jantar Mantar as a protest site. The petitioners claim that the area causes inconvenience to local residents and disrupts the supply of essential products. A Bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana has issued notice in the plea, directing the Solicitor General Tushar Mehta to take instructions on the issue.

The court was informed that directions are required to ensure clashes similar to those that took place during recent protests do not recur. This includes a reference to the 'Sansad Chalo' march on July 20, which turned chaotic amid lathi-charge and use of tear gas. The alleged excesses of security forces also led to some protesters getting critically injured.

The Supreme Court has also directed that FIRs registered against protestors involved in recent protests over the NEET paper leak can be withdrawn, except for those already accused of grave and heinous offences.

Legal Context

The PIL challenging Jantar Mantar's suitability as a protest site is not an isolated incident. The Supreme Court has been seized of petitions seeking independent probes into the alleged police action against protesters during demonstrations held in Delhi on July 20. These representations seek an independent judicial inquiry, immediate preservation of evidence, medical protection for the injured, and accountability for officials allegedly responsible for using excessive force.

The court's decision to issue notice in this plea highlights the ongoing debate about the need for alternative protest sites in Delhi. The Solicitor General has been directed to take instructions on the issue, indicating that the Centre may be required to respond to the petitioners' claims.

It is worth noting that the Supreme Court has previously taken a strong stance against police excesses and has issued directions to ensure accountability in such cases.

Why It Matters

The implications of this development are far-reaching, particularly for lawyers and compliance officers advising clients on protest-related matters. The potential impact on future protests in Delhi, especially those related to sensitive issues like NEET-UG paper leaks, cannot be overstated.

As the Supreme Court continues to grapple with the complexities of public protests and police action, it is essential to consider alternative protest sites that balance the rights of citizens with the need for public order. The court's decision to issue notice in this plea may signal a shift towards more stringent regulations on protest sites, which could have significant implications for future demonstrations.

In light of these developments, lawyers and compliance officers should closely monitor the Supreme Court's proceedings and advise their clients accordingly.

Practical Implications

Lawyers and compliance officers should watch for the potential impact of this development on future protests in Delhi, particularly those related to sensitive issues like NEET-UG paper leaks. They may need to advise clients on the risks associated with protesting at Jantar Mantar and explore alternative protest sites.

Source

Source: Original reporting via Supreme Court's official website

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Supreme Court: No Immediate Action on Jantar Mantar Protest Site Suitability | Briefly