Supreme Court sets aside ban on protests in heart of Delhi

NEW DELHI: Dissent is at the heart of democracy, the Supreme Court observed on Monday as it struck down a National Green Tribunal order that had banned all protests around Parliament.

Unarmed, peaceful protests are not a jural anathema in the land of “Salt Satyagraha” and cannot be banned, a bench comprising Justices AK Sikri and Ashok Bhushan said, ordering the Delhi Police to regulate those instead. The Delhi Police could initially allow innocuous candle light vigils, etc., the court said, asking it to draw up the guidelines within two months.

The top court was dealing with twin petitions filed in court seeking to restore the right of the public in areas under the nose of their elected representatives for maximum impact.


One was a PIL seeking to strike down repeated orders of the Delhi Police putting restrictions on the movement of people in the area, justifying it as necessary for the safety of VIPs. Section 144, CrPC, disallows more than five members of the public from congregating in a place. Such orders can only be given for 60 days at a stretch, but the Delhi Police issue orders every 60 days ensuring it is in force all the time.

The second plea was an appeal against an NGT order disallowing protests in Jantar Mantar on the ground that those inconvenienced residents.