Jantar Mantar removed as protest site on Supreme Court orders: Delhi Police

Chib, in his plea, also challenged the broader norm of denying permission to protest at designated protest sites as a disproportionate measure, instead of exercising the power narrowly and subject to reasonable restrictions only.

Earlier in the day, ASG Sharma had argued that Chib’s petition has been rendered infructuous since Jantar Mantar stands denotified as a designated protest site.

But senior advocate Siddharth Luthra, appearing for Chib, exhorted, “It has not become infructuous. If this was the subterfuge that was sought to be played, then there is a lot to be said… Notice has to be issued and matter is to be taken up. We will amend the plea of course, but matters have to be taken up.”

Justice Mahajan recorded that the issue that now remains to be adjudicated is “academic” in nature. The bench issued notice to the Delhi Police, seeking its response by November 17 when it will hear the matter next.

ASG Sharma, while emphasising that the petition’s cause does not survive, added, “As on today, for good or bad, we have denotified Jantar Mantar pursuant to SC orders.”

He referred to the SC’s October 9 order where the closure of metro and other services as a preventive measure in anticipation of the protest call given for October 10 was challenged.

ASG Sharma pointed to the SC’s observation, where it had recorded, “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…”

“We have precisely done that and now that has been challenged before SC,” ASG Sharma added.