The Delhi High Court took up a petition concerning the reported restriction of Jantar Mantar as a venue for public demonstrations, scheduling a hearing for Tuesday. During a Monday sitting before Acting Chief Justice Nitin Wasudeo Sambre and Justice Sanjay Sharma, a lawyer raised the matter, arguing that demonstrations were being suppressed because no alternative venue had been designated by the authorities.
A separate petition — alleging that individuals from outside the demonstration had entered the weekend protest and subjected participants to harassment — was also accepted for hearing on Tuesday.
A petition filed by Vinod Jakhar, who heads the National Students Union of India, called for an investigation into attacks on demonstrators that took place on October 10, one that would be conducted independently, within a defined timeframe, and free from outside interference.
Lawyers seeking a faster hearing on the petition linked to the protest site were told by the bench that the Supreme Court had already taken up the matter on its own and was in the process of examining it. The apex court has also directed the Union to submit its affidavits in the matter.
The question of how far the matter remains open to review hinges on whether the Supreme Court has already taken it up. "That being the case, the matter can be taken up tomorrow," the bench indicated.
The counsel raising the matter informed the bench that freedom of expression had been curtailed considerably, carrying broad consequences, and noted that Jantar Mantar was no longer accessible for gatherings. The counsel further stated that no alternative venue had been designated by the executive branch for protests to take place within the bounds of the law, and that assemblies of demonstrators on the streets had been brought to an end by authorities. The attorney also noted that a comparable situation had arisen in 1975.
Demonstrations on October 10 and 11 drew hundreds of participants following a call for action directed at Chief Election Commissioner Gyanesh Kumar, centred on contested claims of irregularities in the Special Intensive Revision of electoral rolls.
The petition filed by Jakhar alleged that footage exists showing individuals in civilian clothing using physical force against demonstrators, and contended that a failure to investigate such conduct would place a restraining pressure on the constitutional guarantees of free expression, peaceful assembly, and freedom of movement across India.
The petition called on authorities to safeguard and transfer to the investigation team all CCTV recordings captured between noon and 6 pm on October 10 — drawing from every camera positioned along the Inner and Outer Circle of Connaught Place, at Indira Chowk, along the road fronting Khadi Gramodyog Bhavan, on Sansad Marg, Janpath, and Jantar Mantar Road, as well as footage held at the Rajiv Chowk, Janpath, Patel Chowk, and Barakhamba Road Metro stations.
On Monday, in a separate development, Delhi Police stated that Jantar Mantar had been removed from the list of approved protest venues, with three alternative locations put forward for such gatherings. A standing order issued on October 11 by Delhi Police Commissioner Anurag Kumar designated Ramlila Maidan, Burari Ground, and CBD Ground as the approved locations where protests and public demonstrations may be held.