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Delhi HC to hear plea on Jantar Mantar protest site closure Tuesday

The Delhi High Court will hear on Tuesday two pleas linked to the weekend protests in the capital. The petitions raise concerns over shrinking protest space and alleged harassment of demonstrators.

by · India Today

In Short

  • Petitioners said no alternative venue was earmarked for lawful demonstrations
  • Counsel argued restrictions on peaceful assembly were hurting free speech rights
  • Judges noted the Supreme Court was already examining the broader issue

The Delhi High Court on Monday agreed to hear on Tuesday a petition over the alleged closure of Jantar Mantar as a protest site in the national capital. A lawyer told the court that peaceful protests were being curbed as the authorities had not earmarked any alternative site.

The court also agreed to hear on Tuesday another petition alleging that "outsiders" entered a protest held over the weekend and harassed the demonstrators. While considering an urgent hearing on the protest-site petition, the bench said the issue was also under consideration before the Supreme Court.

The matter was mentioned before a bench of Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma. When the counsel sought an urgent hearing on Monday, the court said, "Tomorrow. The Supreme Court is equally seized of the matter. Not only that, but the Supreme Court has called on the Union to file their affidavits also. Once the Supreme Court is seized of it, we have to see - to what extent we can look at it again. That's why let us have it tomorrow."

The lawyer mentioning the matter told the bench that the "right to free speech has been quelled to a great extent and that has enormous impact". The counsel added, "Now today Jantar Mantar is also closed. There is no other place which has been earmarked by the executive to actually carry out a protest in accordance with law. Peaceful protests are being quelled today. This is absolutely going to be a black day. We have faced this in 1975."

Hundreds took to the streets on October 10 and 11 after the Cockroach Janta Party called a protest against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision of electoral rolls.

In sum, the High Court is set to hear on Tuesday two petitions linked to the weekend protests: one on the alleged closure of Jantar Mantar as a protest site and another on allegations that protesters were harassed by "outsiders".

- Ends