Plea in Supreme Court against Delhi Police's prohibitory order to ban crowds

A plea has been filed in the Supreme Court against the prohibitory orders issued by the Delhi Police banning the assembly of five or more persons, saying that such orders cause hindrance to the daily life of the people.

In Short

• Petitioner claims prohibitory orders hinder daily life, fundamental rights
• Police issued prohibitory orders, banning assembly of five or more persons till October 5
• Ramlila festivities may face legal issues in Delhi due to police's orders

The Supreme Court on Wednesday received a petition against the prohibitory orders issued by the Delhi Police banning the assembly of five or more persons in the national capital till October 5.

In his plea before the top court, the petitioner, identified as Sunil, Secretary of the Manas Naman Sewa Society, which organises Ramlila at the Satpula Ground in Chirag Delhi, said that the prohibitory orders cause hindrance to the daily life of the people.

"The assailed order proves to be a serious hindrance to the general day-to-day life of individuals, and their fundamental rights under Articles 14, 19(1)(b), 19(1)(d), 21, and 25, which causes grave hindrance to the rights, life, and livelihood of the citizens of Delhi. The order has also resulted in an atmosphere of fear wherein an enormous number of residents in Delhi are perturbed regarding the nature of the order, as well as its implications on their religious beliefs and traditions," the petition read.

Ramlila festivities, scheduled to begin on October 3, may face a legal hindrance due to the prohibitory orders in place, the petitioner said in his plea.

In an order, issued by the Delhi Police chief, Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) was invoked, in New Delhi, North Delhi and Central Delhi districts and in all police stations having territorial jurisdiction over the borders of Delhi for a period of 6 days from September 30 to October 5 prohibiting the assembly of five or more unauthorised persons, people carrying of fire-arms, banners, placards, lathis, spears, swords, sticks and brickbats among others.

Public protests, strikes and picketing were also prohibited by the police for the same period.

While issuing the orders, the Delhi Police chief said that the general atmosphere in the national capital was sensitive from a law and order point of view given the proposed Waqf Amendment bill, MCD Standing Committee elections, DUSU elections, and calls made by various organisations for protests.

The police also cited the impending elections in Jammu and Kashmir and Haryana, while issuing the orders.

"It is respectfully submitted that it appears that instead of performing its duties in respect of the maintenance of law and order and crowd management, the Respondent simply seeks to evade them by trying to prohibit legitimate gatherings that would ordinarily take place in a plural and thriving metropolis such as Delhi. It should also be mentioned that various other festivals for various faiths have been permitted previously to take place unobstructed by any order such as the impugned order and the impugned order does not have any reasoning about why the early days of the Navratas should be treated as a different case," the petition stated.