Delhi High Court asks why AAP, as a ruling party, seeks protest permission during Section 144, prompting withdrawal of petition. The court questions potential floodgates and emphasizes concerns over violation of the right to protest. AAP planned the protest against inflated water bills and obstacles to its settlement scheme.
Thank you for reading this post, don't forget to subscribe!
NEW DELHI: On 23rd February, the Delhi High Court raised concerns over the Aam Aadmi Party’s (AAP) plea seeking permission for a protest in the national capital, despite a prevailing prohibitory order due to ongoing farmers’ protests. Justice Subramonium Prasad questioned the legitimacy of a “ruling” political party seeking approval for a gathering when Section 144 of the CrPC was in force.
Section 144 of the CrPC–
This provision allows certain magistrates to issue written orders if they believe immediate action is necessary to prevent a problem. The orders can instruct individuals or the public to stop certain actions or take specific measures related to property. This is to prevent issues like obstruction, annoyance, danger to life, public disturbance, or riots. The orders are typically valid for two months but can be extended to six months by the State Government. Any magistrate can cancel or modify the order, and people affected by the order have the right to present their case.
During the hearing, Justice Prasad emphasized the potential consequences, stating-
“When P2 (an order under section 144 of the CrPC) is there, how can a ruling party come (for permission)? If it is permitted for you, there will be an opening of floodgates.”
ALSO READ: Delhi High Court Criticizes Authorities for Neglecting Tree Preservation Amid Rising Pollution
The AAP’s petition, challenging the police’s denial to hold a “peaceful protest” of 800 people at Jantar Mantar on February 25 regarding alleged inflated water bills, faced scrutiny from the court. The senior counsel representing the petitioner argued that despite the Section 144 order, numerous gatherings were allowed, including a political party with a “much larger fanfare.”
“We are going to have it on Sunday, within the confined area, a peaceful protest with only 800 people,”
the senior lawyer assured, emphasizing the peaceful nature of the planned demonstration.
“Certain restrictions are in place to circumvent the movement from borders. So this is not going to happen at any cost… We are not going to agitate anything for these organizations,”
-he added.
However, in an unexpected turn, the AAP’s counsel withdrew the petition after the court granted time till Monday to the police’s counsel for further instructions. This move followed the court’s skepticism over the party’s request, raising concerns about potential misuse of permissions.
ALSO READ: Delhi High Court Sets Early Hearing for M.J. Akbar’s Appeal in Defamation Case Against Priya Ramani
Earlier this month, the AAP had announced its intention to protest against inflated water bills and hindrances to its proposed one-time settlement scheme aimed at addressing the issue. Alleging that the Delhi government’s settlement scheme hit a roadblock, the party claimed that the urban development secretary refused to present the proposal before the Council of Ministers.
The AAP’s petition argued that the police’s denial of permission violated the right to protest, guaranteed under Article 19(1)(b) of the Constitution. The plea, filed through lawyer Rajat Bhardwaj, highlighted the party’s intent to hold a peaceful demonstration at Jantar Mantar, involving the Chief Minister, ministers, and MLAs of the Delhi government.
“It is the duty of the constitutional court to protect the valuable fundamental right of the citizens, which is an essential part of democracy and cannot be taken away by the probationary order issued under section 144 of the Code of Criminal Procedure, 1973,”
– the plea stated.
“It is the right of the petitioner to hold a peaceful demonstration to air the grievance and to raise their voice against the illegal acts of the executive.”
ALSO READ: Madhya Pradesh High Court : Termination of Six Women Judicial Officers, Informs Supreme Court
The withdrawal of the petition leaves the fate of the AAP’s proposed protest uncertain, with the court and the police awaiting further deliberation on the matter.
