New Delhi, 13 October (H.S.):

The Delhi High Court has issued a notice to the Delhi Police on a petition filed by the Youth Congress challenging the denial of permission to stage a protest against Chief Election Commissioner Gyanesh Kumar. A Bench of Justice Amit Mahajan scheduled the next hearing in the matter for November 17.

When the hearing began on Tuesday morning, Additional Solicitor General (ASG) Chetan Sharma, appearing for the Delhi Police, argued that there was no longer any purpose in hearing the petition because the police had removed Jantar Mantar from the list of designated protest venues.

Opposing the police’s submission, advocate Siddharth Luthra, appearing for the Youth Congress, argued that the contention was merely an attempt to defer the hearing of the petition. He said that if the police provided a copy of its decision, the organisation would amend the prayer in its petition accordingly. The court subsequently directed that the matter be taken up for hearing in the evening.

During the evening hearing, Luthra sought the court’s consideration of the portion of the petition challenging what he described as the police’s unilateral and arbitrary decision. He argued that the Delhi Police could not restrict the right to protest without providing any reason. Following these submissions, the court issued a notice to the Delhi Police.

The petition has been filed by Youth Congress national president Uday Bhanu Chib, challenging a Delhi Police order dated October 1 that rejected the organisation’s application seeking permission to hold a protest.

According to the petition, the Youth Congress had sought permission on September 25 to organise a peaceful demonstration involving approximately 100 to 150 participants. In its application to the Delhi Police, the organisation had undertaken to comply with all legal requirements concerning security, traffic management, discipline and the maintenance of public order.

The petition further states that despite repeated attempts to contact the police, the organisation was informed of the rejection only on October 1, the very date initially proposed for the demonstration.

The Youth Congress has contended that the police decision violates the fundamental rights to freedom of speech and expression and to assemble peacefully, guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India.

The High Court will take up the matter again on November 17.

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Hindusthan Samachar / Jun Sarkar