Delhi Police registers trespassing case against CJP leaders after Jantar Mantar entry

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Delhi Police has registered a case against Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka and others for alleged trespassing at Jantar Mantar on Tuesday (October 13), after the site was denotified as a designated protest venue following a Supreme Court order.

The police said CJP chief spokesperson Saurav Das and national spokesperson Ashutosh Ranka had arrived at Jantar Mantar and were detained. A case has been registered under the relevant legal provision for trespassing, according to Delhi Police.

The action comes a day after the police announced that Jantar Mantar would no longer be a designated protest site, naming Burari Ground, Ramlila Ground and CBD Ground as alternative venues for demonstrations.

Delhi Police cites Supreme Court order on Jantar Mantar

The Delhi Police informed the Delhi High Court on Tuesday that Jantar Mantar had been denotified in accordance with the Supreme Court's October 9 order. Additional Solicitor General Chetan Sharma, appearing for the authorities, made the submission before Justice Amit Mahajan during a hearing on a petition filed by Indian Youth Congress (IYC) president Uday Bhanu Chib.

The petition challenged the denial of permission to hold a demonstration at Jantar Mantar against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.

On October 12, the police said they had amended the standing order governing demonstrations at the site, formally withdrawing its designation as a protest venue. The decision, according to the notification, followed recommendations from a committee constituted under the Ministry of Home Affairs.

The Supreme Court, on October 9, had asked the authorities to consider identifying alternative locations for peaceful demonstrations. The observation came while the court was hearing a challenge to proposed restrictions on metro services and the cancellation of trains arriving in Delhi ahead of a CJP protest against Kumar.

The top court had observed: “During the course of hearing, it was suggested… that it is high time basic amenities were provided to those engaged in peaceful and lawful protest. To that end, suitable alternative sites capable of housing such infrastructure (for facilitating protest) need to be identified and designated. Let the competent authority consider this suggestion and take an appropriate decision…”

Referring to the subsequent denotification, Sharma told the High Court: “As on today, for good or bad, we have denotified Jantar Mantar pursuant to SC orders.”

IYC challenges denial of protest permission

The IYC had approached the High Court after Delhi Police rejected its application on October 1. The youth wing of the Congress had applied on September 25 to organise a peaceful demonstration involving around 100-150 people between October 1 and October 25.

The proposed protest sought Kumar's resignation over alleged irregularities in the SIR exercise. The organisation said it was prepared to comply with lawful requirements concerning security, traffic management, discipline and public order.

Its petition raised questions about the regulation of fundamental rights under Articles 19(1)(a) and 19(1)(b) of the Constitution, which guarantee freedom of speech and expression and the right to assemble peacefully without arms.

The plea also challenged what it described as the “automatic, mechanical, unguided or disproportionate prohibition of peaceful assembly without an individualised assessment and consideration of less restrictive regulatory policy”. It further questioned the requirement to seek permission at least 10 days before a proposed demonstration.

High Court seeks police response

Sharma argued that the petition had become infructuous after Jantar Mantar's denotification and the identification of three alternative protest venues. He also informed the court that a challenge to the denotification had been filed before the Supreme Court.

However, senior advocate Siddharth Luthra, representing Chib, maintained that the case should continue and said the petition would be amended to account for the change in circumstances.

The High Court issued notice to the authorities on the remaining prayers, including the request for reconsideration of the protest application and the challenge to restrictions on peaceful assemblies. The matter is scheduled to be heard again in November, with November 17 set for the police's response.