Plea In SC Challenging Delhi Police Prohibitory Order On Restriction Over Assembly Of 5 Or More People

A plea has been filed in the Supreme Court challenging a prohibitory order issued by the Delhi Police, which bans assemblies of 5 or more people from September 30 to October 5.

The petitioner argues that this order will negatively impact attendance during the Dussehra and Navratri festivals.

Sunil, a priest at the Kalkaji Temple and Secretary of the Manas Naman Sewa Society, which organizes the grand Ramlila at Satpula Ground in Chirag, Delhi, submitted the plea through advocate Prateek Chadha. He contends that the order will obstruct religious celebrations during this important time.

The petition states, “The Ramlila and associated fairs draw significant crowds each year during Dussehra and Navratri, which are scheduled to start on October 3, 2024. This order jeopardizes these long-standing traditions for no constitutionally valid reason.”

The plea emphasizes that the Navratri festival, beginning October 3, will be adversely affected by the assembly ban in notified areas including New Delhi, North Delhi, Central Delhi, and border regions of the NCT.

The petitioner seeks to quash the order dated September 30, 2024, issued by the Commissioner of Police, which invokes Section 163 of the Bhartiya Nagarik Suraksha Sanhita, 2023.

This order prohibits the assembly of five or more unauthorized persons and restricts carrying firearms, banners, and placards, as well as holding protests in public areas.

“The impugned order will significantly hinder citizens wishing to enter the NCT of Delhi from other states,” the petition claims. The reasons given for the order do not indicate any emergency or unforeseen circumstances that would justify such restrictions.

The petitioner argues that the upcoming elections, amendments to Waqf laws, and festivals are all well-known events, and appropriate security arrangements should have been made. Invoking Section 163 for these foreseeable situations, without a grave threat to public order, is deemed unsustainable based on previous court rulings.

The petition further suggests that instead of maintaining law and order, the police are attempting to evade their responsibilities by prohibiting legitimate gatherings typical in a diverse metropolis like Delhi. It asserts that the Delhi Police’s decision severely disrupts the daily lives and fundamental rights of citizens.

In response, AAP minister Saurabh Bharadwaj criticized the Delhi Police and the lieutenant governor for issuing an “impractical order” just ahead of the festive season.

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