Supreme Court declines interim stay on proposed CJP march on September 5 ahead of BRICS summit

The Supreme Court on Monday declined to issue interim orders on two Public Interest Litigations (PILs) seeking to defer a proposed September 5 march by the Cockroach Janata Party (CJP). The petitioners, including a retired police officer, alleged the march from India Gate to Police Headquarters aimed to create lawlessness ahead of the September 12-13 BRICS summit in Delhi and deter participation by foreign leaders.

A bench comprising Chief Justice Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana noted that the matter involved issues of law and order as well as administrative policy regarding protest permissions.

“Let the stakeholders talk to them. As of now we have no reason to doubt that everyone would act and behave in a very responsible manner and in a peaceful and lawful manner. Right now, there is no compelling reason for us (the court) to presume that any wrong will happen. It is for the law enforcing agencies to ensure law and order while acting in accordance with law,” the CJI-led bench said.


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Appearing for one of the petitioners, advocate Syed Rizwan Ahmed questioned how the march could proceed without formal permission, pointing out that CJP is an unregistered entity with no registered office.

“God forbid another mishap, may not be by CJP, but by some mischievous elements take place, it will be covered by international media and deter participation of the foreign country leaders in BRICs,” Ahmed said, questioning whether the entity was acting outside legal processes.

Addressing these concerns, the court clarified the boundaries of judicial intervention regarding administrative duties.

“All these factors are to be considered by some other quarters, not by us. There is nothing we can say right now. If something untoward or alarming happens, then file an application before us, provided the issue falls for determination in judicial domain,” the bench stated.

“These are issues which are to be taken care of by the law and order enforcing agencies. It is their responsibility to maintain law and order. We expect both sides – protesters and law enforcing agencies - to respect, honour and follow the law of the land,” the bench added, noting further that “There is no organized or identified group before us so that we can request them.”

The court issued notice to the Centre and directed the petitioners to supply copies to the Solicitor General’s office and the court-appointed High-Powered Committee (HPC) headed by retired SC judge R. Subhash Reddy.

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Declining the petitioner’s request for an urgent hearing on September 3, the court instructed them to approach the Centre and Delhi Police regarding the permission issue, stating, “Let them consider it.” The PILs have been scheduled for hearing on September 10, alongside existing petitions regarding the violent events of July 20 during a previous protest march to Parliament.