The Indian Youth Congress (IYC) has approached the Delhi High Court challenging the Delhi Police’s refusal to permit a proposed demonstration against Chief Election Commissioner Gyanesh Kumar at Jantar Mantar.
The petition has been instituted by IYC national president Uday Bhanu Chib, who has assailed the Delhi Police order dated October 1 rejecting the organisation’s request to hold the demonstration. The matter is expected to come up before the High Court next week.
According to the plea, the Youth Congress had approached the police on September 25 seeking permission to organise a peaceful demonstration at Jantar Mantar, with an estimated participation of 100 to 150 persons.
The organisation has asserted that it was prepared to abide by all conditions that the authorities might impose concerning security, traffic regulation, discipline and maintenance of public order.
The petition contends that despite repeated follow-ups with the police, the decision rejecting the request was communicated only on October 1—the very day on which the proposed demonstration was scheduled to take place.
The IYC has challenged the rejection on the ground that the regulatory power of the police over public assemblies cannot be exercised in a manner that results in a blanket prohibition without an assessment of the specific circumstances surrounding the proposed gathering.
The plea invokes the fundamental guarantees under Articles 19(1)(a) and 19(1)(b) of the Constitution, relating respectively to freedom of speech and expression and the right to assemble peaceably and without arms.
The petitioner has further alleged that the authorities mechanically applied the guidelines governing demonstrations and assemblies without adequately considering the nature and proposed scale of the event.
The challenge comes amid heightened security measures in the national capital surrounding demonstrations concerning the functioning of the Election Commission and the Special Intensive Revision (SIR) of electoral rolls. Delhi Police had denied permission for a separate October 2 demonstration at Jantar Mantar and imposed prohibitory restrictions in the New Delhi district.
The broader protests have involved political parties, student organisations and civil society groups, with organisers raising allegations concerning the electoral-roll revision exercise and demanding action against the Chief Election Commissioner. These allegations are claims made by the protesting groups and are disputed in the wider political debate.
The Youth Congress petition, however, is focused specifically on the legality of the police decision refusing permission for its proposed demonstration.
The petitioner is expected to argue before the High Court that while the State may impose reasonable restrictions on the exercise of the right to peaceful assembly in the interests of public order and other constitutionally recognised grounds, such regulation must satisfy the requirements of legality and proportionality.
The plea also seeks judicial scrutiny of the manner in which the police considered the IYC’s request and the reasons furnished for declining permission.
The Delhi High Court’s consideration of the matter will therefore involve the competing considerations of regulation of public assemblies on the one hand and the constitutional protection accorded to speech and peaceful demonstration on the other.
The petition is likely to be taken up by the High Court in the coming week.
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