New Delhi, The Supreme Court on Monday said that the right to hold peaceful demonstration is a fundamental right and there cannot be any “blanket ban” on holding protests at Delhi’s historic Jantar Mantar located at the periphery of Parliament Street and the Boat Club on Rajpath.
Terming the right to peaceful demonstration a fundamental right, a bench of Justice A.K. Sikri and Justice Ashok Bhushan emphasised the need to balance between the right to protest and the security considerations including inconvenience to the residents in the area.
“Undoubtedly, holding peaceful demonstrations by the citizenry in order to air its grievances and to ensure that these grievances are heard in the relevant quarters, is its fundamental right. This right is specifically enshrined under Article 19(1)(a) and 19(1)(b) of the Constitution of India,” said Justice Sikri speaking for the bench.
The court however, said that this right was not “unlimited”.
“At the same time, a right under Article 19(1)(a) and 19(1)(b) of the Constitution are not untrammelled and unlimited in their scope. Article 19(2) to (6) make a specific provision for imposing reasonable restrictions on the exercise of such rights,” it said.
It directed that the Delhi Police in consultation with other agencies concerned to frame guidelines to regulate protests at both spots.
Directing the guidelines to be framed “very soon”, the bench also noted that as it is there was need for police permission for holding protests or demonstrations.
As far as permitting protests at Boat Club, the court said “There can be proper guidelines laying down the parameters under which permission can be granted in the Boat Club area.”
The permission to permit protest at Boat Club can be “a very restrictive and limited use, because of the sensitivities and also keeping in mind that Ramlila Maidan is available and Jantar Mantar Road in a regulated manner shall be available as well, in a couple of months.”
The court also noted the sensitivity of both Jantar Mantar and Boat Club because of its proximity to the Parliament House, North and South Blocks and other Central Government offices, which see frequent visits of heads of foreign States and other such factors.
The court also noted the submission by the government that they receive an “alarmingly large number of requests for holding demonstrations at this place” and “intelligence reports reveal that some of such demonstrations, if allowed, may cause serious law and order situation”.
To this, the court said that the authorities are also “correct to the extent” that Supreme Court has not adopted “clear and present danger test”, as is applied by the US courts, and instead it is the “apprehension of breach of peace test” which is to be used in order to decide as to whether a particular demonstration/dharna is to be allowed or not.
The court ruling came while deciding on a challenge to the green tribunal’s order prohibiting protests at Jantar Mantar and a plea by NGO Majdoor Kisan Shakti Sangathan and the Indian Ex-Servicemen’s Movement and others challenging the perennial imposition of prohibitory orders (Section 144) in the central Delhi area wherein all important government offices including Parliament House is located.
The National Green Tribunal order prohibiting protest and demonstrations at Jantar Mantar came on plea by the local residents complaining of perennial disturbance.
