New Delhi: Indian Youth Congress (IYC) moved Delhi High Court Saturday challenging Delhi Police ’s refusal to grant permission for a proposed demonstration at Jantar Mantar, arguing that authorities cannot prohibit peaceful assemblies under the guise of regulating them.
Through its president, Uday Bhanu Chib, the organisation has challenged a Delhi Police order dated Oct 1 rejecting its request to hold a demonstration involving around 100-150 people. IYC had applied for permission on Sept 25 and undertaken to comply with all lawful conditions relating to security, traffic, discipline and public order, according to the plea. The organisation alleged that despite repeated follow-ups, the rejection was communicated only on Oct 1, the first proposed date of the programme. Invoking Articles 14, 19(1)(a) and 19(1)(b) of the Constitution, the petition challenges what it describes as the mechanical application of protest guidelines.
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The plea argued that police cannot “convert the power to regulate a peaceful assembly into a power to prohibit it”. In its plea, filed through the party’s legal department, IYC contended that the decision was taken without an individualised and proportionate assessment of the proposed gathering and without due application of mind. It also cites Supreme Court judgments on freedom of speech, expression and peaceful assembly, arguing that any restrictions must be lawful and proportionate. The plea was filed a day after IYC workers staged a protest against Election Commission , demanding the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in electoral rolls. Download the TOI App.
The matter is expected to come up for hearing before the high court next week.