The Supreme Court on Monday refused to restrict the proposed September 5 protest march by the Cockroach Janta Party (CJP) in Delhi, saying there were no “compelling circumstances” to presume that the mobilisation would turn violent.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said the Centre and Delhi government would have to take the necessary law-and-order decisions. The court expressed confidence that all participants would act peacefully and within the legal framework.
The court was hearing petitions seeking restrictions on large-scale protests and marches in security-sensitive areas of Lutyens’ Delhi, including India Gate and Central Vista. The petitioners had also sought postponement of the September 5 march until after the BRICS Summit, scheduled to be held in Delhi on September 12 and 13.
The bench, however, declined to intervene in the law-and-order aspect of the proposed protest. It said the authorities concerned would have to decide what was legal and what conditions, if any, should be imposed.
The September 5 march was announced by the CJP on August 24 as a peaceful three-kilometre march from India Gate to the Delhi Police headquarters. It is being led by families of students who died by suicide following the cancellation and re-test of the NEET examination, along with people alleging police excesses during the July 20 agitation.
The protesters are demanding action over what they describe as the Centre’s failure to fulfil assurances given on July 25, which had led to the withdrawal of their 36-day agitation at Jantar Mantar. The All India Students’ Association has also extended support to the march.
The Supreme Court also referred to the high-powered enquiry committee headed by retired Supreme Court judge Justice R Subhash Reddy. The panel was constituted on August 18 to examine allegations of excessive police force as well as claims of violence by protesters, injuries to police personnel and damage to public property during the July 20 protest.
The committee will examine evidence including CCTV and drone footage, body-camera recordings, videography, wireless communication records and PCR logs. It has also been asked to look into allegations involving pellet guns, lathis, electric batons and tear gas, among other issues.
The Supreme Court directed the petitioners to submit their representations to the committee, describing it as a neutral body that would examine the allegations and make recommendations to the court.
The matter has been posted for September 10. The court said it could be approached again if any alarming or untoward situation arose, provided the issue fell within its judicial domain.
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