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A public interest litigation (PIL) has been filed in the Supreme Court on Friday seeking protection for the right to hold peaceful protests at Jantar Mantar in New Delhi and other parts of the country.
The petition has been filed by advocate Narendra Mishra under Article 32 of the Constitution.
It raises concerns over the reported denial of permission for demonstrations, police barricading, detentions and restrictions on public gatherings.
According to the petition, the proposed protests at Jantar Mantar were related to the Special Intensive Revision (SIR) of electoral rolls and demands for accountability from the Election Commission of India (ECI).
The petitioner has referred to media reports about the use of Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which allows authorities to issue preventive orders in certain circumstances. The petition questions whether the restrictions imposed around Jantar Mantar had sufficient legal grounds and were proportionate to the situation.
The plea also refers to reports of heavy deployment of Delhi Police and Rapid Action Force personnel, barricading and the temporary closure of entry and exit gates at nearby Metro stations. It says the details and legal basis of these measures should be verified through official records.
The petitioner has argued that the right to freedom of speech and the right to assemble peacefully are protected by the Constitution, subject to reasonable restrictions under the law.
The plea states that restrictions should be based on specific reasons and should not go beyond what is necessary to maintain public order.
The petition also raises concerns about the functioning of the Election Commission and the SIR process.
It questions the alleged lack of collective decision-making on certain occasions, reported changes to Form 6 and the handling of applications relating to electoral rolls.
The petitioner has sought verification of these claims through official records.
The plea asks the Supreme Court to seek reports from the Delhi government, Delhi Police and other concerned authorities on the orders issued under Section 163 BNSS and the reasons behind them.
It also seeks directions to preserve CCTV footage, body-camera recordings, police deployment records, wireless communications and detention registers relating to the reported incidents.
The petitioner has urged the court to frame uniform safeguards across the country for regulating peaceful protests. These include giving reasons for refusing permission, ensuring that restrictions remain limited in duration and area, preventing unnecessary use of force and protecting the rights of people detained during demonstrations.
The petition seeks judicial scrutiny of the issues raised and directions to ensure that restrictions on peaceful assemblies follow constitutional and legal requirements. The allegations and issues raised in the petition have not been established as findings of the court.
Nakshab Khan is a senior journalist with nearly two decades of experience in Indian media. Beginning his career in 2007, he has worked with leading news organisations, including Times Now, News18, TV9 Network, IANS, Zee Media, UNI TV. He is currently associated with NewsX Digital as a Deputy Editor.
Over the years, Nakshab has extensively covered politics, international affairs, crime, and public policy. He has special interest in global affairs, with a strong focus on West Asian affairs. He can be reached at nakshab.ali@gmail.com.
