The rights & restrictions around holding protests, Pg13

Key Highlights:

• The Delhi Police denied permission to the Cockroach Janta Party (CJP) for a protest at Jantar Mantar on October 10, citing short notice.
• The protest aimed to demand the resignation of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision (SIR) exercise.
• India's Constitution, under Article 19(1)(a) and Article 19(1)(b), protects the fundamental rights to free speech and peaceful assembly.
• These rights are subject to "reasonable restrictions" in the interest of public order, as per Article 19(2) and Article 19(3).
• The Supreme Court in Mazdoor Kisan Shakti Sangathan (2018) affirmed the fundamental right to peaceful demonstration while allowing for prior permission and regulation.

Detailed Insights:

• The Delhi Police guidelines require protest applications to be submitted to the Deputy Commissioner of Police (DCP) at least 10 days prior.
• However, the guidelines also state that late applications may be considered based on space availability and time for arrangements.
• Applications are assessed on a "first-come, first-serve" basis, considering potential obstruction to traffic, human safety, or public tranquility.
• If permission is denied, organizers can seek reconsideration from the police or approach the Delhi High Court under Article 226 of the Constitution.
• Protesting despite denial or in violation of a prohibitory order can lead to charges under Section 223 of the Bharatiya Nyaya Sanhita (BNS), formerly Section 188 of the Indian Penal Code.
• A prohibitory order, issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) (formerly Section 144 of the Code of Criminal Procedure), can be challenged by an aggrieved person.
• The Supreme Court in Ramlila Maidan Incident (2012) emphasized that prohibitory powers must be exercised with great caution and only against actual threats to public order.

Key Concepts Involved:

• Fundamental Rights: Basic human rights guaranteed by the Constitution, enforceable by courts.
• Reasonable Restrictions: Limitations imposed on fundamental rights by the state in specific circumstances like public order or national security.
• Prohibitory Order: A legal directive issued by a magistrate to prevent certain activities, often assembly, in a specific area.
• Writ Petition (Article 226): A legal remedy allowing individuals to seek redress from High Courts for infringement of fundamental rights or other legal wrongs.