The Supreme Court on Monday refused to intervene in the proposed September 5 protest march by the Cockroach Janta Party (CJP) in Delhi, leaving the decision on permissions and security arrangements to the Centre and Delhi governments.
A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said there was no basis at present to assume that the mobilisation would turn violent. “We have no reason to doubt that everyone will behave in a peaceful and lawful manner. As of now, there are no compelling circumstances before us to presume or assume anything otherwise,” the bench said. The court also stressed that protesters and authorities must respect each other's legal and fundamental rights. “We are confident that everyone will follow the law, regulatory measures and they will also respect each other’s right,” the judges said.
The apex court was hearing petitions seeking restrictions on large-scale protests in security-sensitive parts of Lutyens’ Delhi, including India Gate and Central Vista. The petitioners also sought to defer the September 5 march until after the BRICS Summit scheduled for September 12 and 13.
Appearing for one of the petitioners, advocate Rizwan Ahmad argued that the CJP had announced the march without securing police permission. “How can again they announce a similar march for September 5? They have no permission. These things lead to lawlessness,” Ahmad submitted. He also warned that any violence ahead of the BRICS Summit could attract international attention.
The bench, however, said questions of law and order were primarily for the executive to address. “This has to be considered in some other quarter. It is not for us to intervene,” the court said. “It is for the government of Delhi and India to act. That is why we are saying serve the copies on the governments,” it added. The judges said the petitioners could approach the court again if an alarming situation emerged, provided the matter fell within its judicial jurisdiction. The court also declined to summon CJP representatives, saying there was no formally identified or organised entity before it that could be asked to appear.
The CJP announced the proposed three-kilometre march on August 24, describing it as a peaceful mobilisation from India Gate to Delhi Police headquarters. The protest is being backed by families of students who allegedly died by suicide following the cancellation and re-test of the NEET examination, as well as those raising allegations of police excesses during the July 20 agitation. The organisers say the march is aimed at protesting the Centre's alleged failure to fulfil assurances given on July 25, following which their 36-day protest at Jantar Mantar was withdrawn.
The All India Students’ Association (AISA) has also backed the march and supported demands including the withdrawal of FIRs against student protesters and an inquiry into allegations of pellet and bullet firing during the earlier demonstrations.
