NEW DELHI: A team of senior advocates led by Kapil Sibal moved the Supreme Court on Friday, challenging the cancellation of trains and proposed closure of Metro stations in Delhi ahead of the Cockroach Janta Party’s (CJP) October 10 protest against Chief Election Commissioner Gyanesh Kumar.A bench led by Chief Justice of India Surya Kant questioned why the protesters had not challenged the Delhi Police’s decision to deny permission for the demonstration at Jantar Mantar.The court observed that unless the denial of permission was challenged, it could not consider relaxing the restrictions imposed ahead of the protest.“If there is no permission for protests, it will be an unlawful protest,” Justice Joymalya Bagchi observed.Sibal, appearing for CPM MP M A Baby, argued that every citizen had the right to protest, even spontaneously.The Supreme Court said the right to peaceful protest at a designated place existed, but holding a demonstration without permission could expose protesters to prosecution.The bench also indicated that it could consider easing the restrictions if the organisers challenged the denial of permission and provided assurances about the proposed gathering. The court said it could seek details about the number of people expected to attend and undertakings that protesters would remain peaceful and not carry weapons.Based on these assurances, the court said it could consider relaxing restrictions imposed to prevent a possible law and order situation.Meanwhile, CJP founder Abhijeet Dipke questioned the Delhi Police’s decision to deny permission for the October 10 protest, arguing that Jantar Mantar was a designated protest site and that police permission was not required to hold a demonstration there.Dipke also criticised the Centre over the cancellation of trains to Delhi ahead of Saturday’s protest.“Shut down entire country if you are scared of youth,” he said, taking aim at the government over the restrictions.Delhi Police had earlier denied permission for the CJP’s proposed protest at Jantar Mantar on October 10, citing short notice, alleged violations during a previous demonstration and concerns over public safety, law and order and traffic management.Joint commissioner of police Nupur Prasad said the police had received an application from CJP co-convener Saurav Das seeking permission for a protest over the accountability of the Chief Election Commissioner.“This intimation was considered, and it was found that the intimation was given in a very short span of time, whereas as per the prescribed guideline, the intimation has to be received 10 days prior to the protest that is planned,” she said.
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Prasad also pointed to the party’s conduct during an earlier protest at the same venue.“Further, it is also important to mention that on an earlier occasion, when the Cockroach Janta Party was given permission to hold a protest there, they did not follow the lawful directions and did not follow their own undertakings given at that point in time,” she said.She added that Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows preventive restrictions to maintain public order, was in force in the New Delhi area. The police warned that anyone violating the restrictions could face legal action.The restrictions come ahead of the CJP’s planned protest on Saturday, with several trains to New Delhi and Hazrat Nizamuddin cancelled and restrictions proposed at metro stations.
