The Supreme Court, while hearing a batch of petitions related to special intensive revision (SIR), on Thursday issued notice to the Central government on a plea challenging the denotification of Jantar Mantar as a designated protest site.
The counsel for the petitioner demanded the quashing of the MHA’s order today itself. The top court has questioned the need for denotification, as Justice Joymalya Bagchi said the court will see whether there was an application of mind to the use and efficacy of the site.
Solicitor General Tushar Mehta argued that the decision was not random and was based on the committee’s findings. The SG said, “Your lordships’ decision was not the basis of the decision. The committee was constituted. It gave a report. There are reasons recorded.”
The apex court issued the notice to the Centre and the Delhi Police. Justice Bagchi told senior advocate Mukta Gupta, appearing for the petitioner: “It must be understood from the angle of technology also. You want to indicate Jantar Mantar is near the establishment and therefore should not be shifted. We will call upon the State to answer.”
“We are issuing notice to the Centre, Delhi Police, seeking their reply. Let them reply. If it doesn’t satisfy, then the law will run its course,” the top court said on Thursday.
In an order on October 11, the Delhi Police retained Ramlila Ground and Burari Ground as designated sites for protests, but replaced Jantar Mantar with CBD Ground. The Delhi Police added that a set of standard operating procedures (SOP) for holding protests there would be issued separately.
The Supreme Court was hearing a batch of 46 pleas related to SIR, protests in Delhi, alleged molestation incidents in agitations and alleged police brutality.
The top court also pulled up Rahul Gandhi over a march for filing a petition, saying nobody can browbeat the judiciary.
CJI Surya Kant said, “Outside they make statements. We are not sitting in an ivory tower; we are aware of things.”