Delhi High Court seeks Centre’s response on pleas for implementing Supreme Court directions to regulate protests

The Delhi High Court on Tuesday the Centre’s response to public interest litigations seeking enforcement of Supreme Court directions governing protests, with petitioners alleging that demonstrations in the national capital were disrupting traffic movement and adversely affecting commercial activities.

A Division Bench comprising Acting Chief Justice Nitin Sambre and Justice Sanjay Sharma took up the pleas filed by a trader and advocate Rishabh Saxena. The petitioners have sought measures to ensure that protests are conducted at designated locations without causing undue inconvenience to the public, traders and professionals.

Senior Advocate Sacchin Puri, appearing for the trader, submitted that demonstrations were affecting business operations and sought interim directions to prevent commercial activities from being disrupted.

Taking note of the fact that related proceedings were already pending before the Supreme Court, the High Court observed that it did not wish to examine an issue that was already sub judice before the apex court. The Bench accordingly asked the authorities to obtain instructions and place their stand on record.

In his petition, advocate Rishabh Saxena has sought implementation of the Supreme Court’s judgments in Mazdoor Kisan Shakti Sangathan v. Union of India and Amit Sahni v. Commissioner of Police, along with Delhi Police Standing Order No. 10/2018, which prescribes conditions for regulating protests.

The plea seeks the formulation and implementation of a standard operating procedure (SOP) for managing traffic during demonstrations. The proposed measures include assessing the likely impact of protests on traffic in advance, preparing diversion plans, deploying adequate traffic personnel and issuing timely public advisories.

Saxena has also referred to an incident on October 12, alleging that a gathering near the Mandi House roundabout delayed his journey by approximately two hours.

The petition contends that the existing judicial directions and police guidelines require effective implementation to ensure that demonstrations do not unnecessarily obstruct the movement of commuters or interfere with business and professional activities.

During the hearing, the Bench noted that the grievances raised in the petitions primarily concerned the implementation of directions already issued by the Supreme Court.

Additional Solicitor General Chetan Sharma informed the Court that the Centre would place its position on record, along with the material filed before the Supreme Court in the related proceedings.

The High Court has listed the matter for further hearing on Friday.

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