Ban on public gathering in Delhi withdrawn: Solicitor General to Supreme Court

Solicitor General of India Tushar Mehta informed the Supreme Court on Thursday that the Delhi Police Commissioner's order prohibiting public gatherings of five or more people from September 30 to October 5 has been withdrawn.

In Short

• Petitioner Sunil argued the order violated constitutional rights of citizens
• Police earlier issued restrictions citing potential law and order issues
• The petition also claimed police evaded responsibility by prohibiting legitimate gatherings

Solicitor General of India Tushar Mehta informed the Supreme Court on Thursday that the Delhi Police Commissioner’s order prohibiting public gatherings of five or more people from September 30 to October 5 has been withdrawn.

Mehta made the submission in response to senior advocate Maneka Guruswamy’s request for an urgent hearing, citing the ongoing Navratri festival.

"This impacts the city as the Navratri season is on. Ramlila and Durga Puja festivities cannot take place," Guruswamy told the bench, led by Chief Justice of India DY Chandrachud.

CJI Chandrachud responded, "When the Solicitor General says the order has been withdrawn, nothing remains in this now."

The petitioner, Sunil, Secretary of the Manas Naman Sewa Society—which organises the Ramlila fair at the Satpula Ground in Chirag Delhi and serves as a priest at the Kalkaji Temple—argued that the initial order severely infringed on the rights of citizens under Articles 14, 19(1)(b), 19(1)(d) (fundamental rights that guarantee equality and freedom to its citizens), Article 21 (Protects the fundamental right to life and personal liberty), and Article 25 (grants Indians the right to religious freedom, but with some restrictions) of the Constitution.

The petitioner added that the order created fear among Delhi residents regarding its impact on their religious practices.

The Delhi Police Commissioner had issued the order on September 30, citing powers under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), prohibiting public gatherings in districts of New Delhi, North, and Central Delhi, as well as areas near Delhi's borders, for six days.

The police cited the sensitive law and order situation due to the proposed Waqf Amendment Bill, MCD Standing Committee election disputes, DUSU elections, and protests planned by various organisations, along with upcoming elections in Jammu & Kashmir and Haryana.

The petition argued that instead of managing law and order, the police were attempting to avoid their responsibilities by restricting legitimate gatherings. It also pointed out that other religious festivals had been permitted in the past without such restrictions.