The Supreme Court on Monday declined to interfere with the proposed September 5 protest march in Delhi by the Cockroach Janata Party (CJP), saying it was for the Centre and Delhi governments to take a call on law-and-order arrangements and stressing that all stakeholders were expected to act peacefully and within the legal framework.
Appearing for Singh, advocate Rizwan Ahmad argued that the organisers had announced another march despite not having obtained police permission. The court was hearing pleas filed by Shivam Upadhyay and retired Delhi Police officer Rajendra Singh seeking restrictions on large-scale mobilisation, marches and organised demonstrations in security-sensitive areas of Lutyens’ Delhi, including India Gate and Central Vista. They have no permission. These things lead to lawlessness,” Ahmad, assisted by advocate Pulkit Agarwal, submitted. The bench, however, declined to enter into the issue, making a distinction between questions of law and order and issues falling within the court’s judicial domain. “This has to be considered in some other quarter. It is not for us to intervene,” it stressed. The court made clear that the responsibility for maintaining law and order rested with the Centre and the Delhi government. “These are the issues to be considered by the law-and-order authority. It is for that authority to say what is legal and what is illegal. The court has repeatedly made clear that the HPEC’s inquiry will remain under its supervision.
The plea also sought postponement or modification of the proposed September 5 march until after the BRICS Summit scheduled to be held in Delhi on September 12 and 13. “How can again they announce a similar march for September 5? When Ahmad sought an assurance that he be allowed to approach the court on September 3 or 4 if the organisers had still not sought permission, the bench said, “If any untoward incident happens, you can always come to us…if something alarming is happening, also provided the issue falls in the core judicial domain, you can mention before us on any day.
The bench said that the matter could be brought before it if any alarming or untoward situation arose, provided it involved an issue within the court’s core judicial domain. We expect both sides will act in accordance with the legal framework and will act in a lawful and reasonable manner,” the bench said. Last week, when petitioners sought reconstitution of the panel and a wider probe into the alleged role of Union home minister Amit Shah, Delhi Police commissioner Anurag Kumar and other senior officials, the CJI said that the committee would function under the court’s direct supervision.
