The Delhi High Court has agreed to hear a plea by the Indian Youth Congress (IYC) challenging the Delhi Police’s refusal to permit a proposed protest at Jantar Mantar against Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the special intensive revision of electoral rolls.
The court told the petitioner’s counsel that the plea would be listed on Friday and that the matter could be mentioned again if it was not listed. The proceedings follow a petition filed by the IYC through its national president, Uday Bhanu Chib.
The organisation is challenging a communication issued by the Delhi Police on October 1, which denied permission for the demonstration. The IYC had applied on September 25 to hold a peaceful protest involving around 100 to 150 people between October 1 and October 25.
According to the petition, the proposed demonstration sought the resignation of the Chief Election Commissioner and was related to alleged irregularities in the special intensive revision of electoral rolls. The IYC said it had agreed to comply with lawful conditions relating to security, traffic management, discipline and public order.
The petition argues that the police can regulate peaceful assemblies to protect public order, traffic, public safety and the rights of other residents, but that such regulation cannot become an unfettered power to prohibit a demonstration. It contends that restrictions must involve reasonable regulation, individualised assessment and proportionality.
“The proposed demonstration arises out of concerns regarding transparency, accountability and functioning of constitutional institutions,” the plea stated, describing the proposed action as an exercise of the rights to freedom of speech and expression and to assemble peacefully and without arms.
The petition also argued that the police’s power to regulate a fundamental right should not be converted into a mechanical refusal. It has sought the quashing of the October 1 communication and directions for fresh and lawful consideration of the IYC’s request.
Jantar Mantar is a designated location for demonstrations in the national capital, where permissions are assessed alongside security, traffic and public-order considerations. The present plea places the police’s decision-making process at the centre of the dispute, while the court’s upcoming listing will determine the next stage of the challenge.
The High Court is expected to consider the IYC’s request when the matter is listed. The source report does not state whether the court has granted permission for the proposed protest or issued any interim direction.
