New Delhi, 09 October (H.S.):

The Delhi High Court on Friday declined to grant an urgent hearing to a petition filed by the Indian Youth Congress challenging the Delhi Police’s decision to deny permission for a protest at Jantar Mantar against Chief Election Commissioner Gyanesh Kumar. The court directed that the matter be listed for hearing on October 12.

Counsel appearing for the Youth Congress mentioned the petition before a Bench headed by Chief Justice Nitin Vasudev Sambre, seeking an immediate hearing on Friday. However, the Bench declined the request and scheduled the matter for October 12.

The petition has been filed by Indian 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 the protest.

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

The petition alleges that, despite repeated attempts to contact the police, the organisation was informed of the rejection only on October 1, which was also the originally proposed date for the demonstration.

The plea argues that although the police have the authority to regulate public assemblies, this power does not permit them to impose a blanket prohibition without conducting an individualised and reasonable assessment of the circumstances.

It further contends that the Delhi Police’s 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 petition also maintains that applying guidelines governing protests and public assemblies mechanically, without due consideration of the circumstances, amounts to arbitrary action.

The High Court is scheduled to take up the matter on October 12.

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Hindusthan Samachar / Jun Sarkar