Today (23rd February), Justice Subramonium Prasad bench is scheduled to case filed by the Aam Aadmi Party (AAP) seeking permission to organize a peaceful protest at Jantar Mantar, challenging the denial of their request by the Delhi Police. The protest aims to address and highlight issues surrounding the Delhi Jal Board’s one-time settlement scheme for resolving water bill arrears.
New Delhi, India: Today (23rd February), Justice Subramonium Prasad bench is scheduled to hear the matter of Aam Aadmi Party (AAP), where they filed a lawsuit against the Delhi Police because they weren’t allowed to hold a peaceful assembly at Jantar Mantar. AAP wanted to protest to support the Delhi Jal Board’s one-time settlement scheme for unpaid water bills but was denied permission.
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AAP argues that stopping them from protesting is against their rights. They planned a peaceful assembly on February 25, 2024, expecting key figures like the Delhi Chief Minister and around 800 people to join. However, their request was denied by the Delhi police, which AAP says goes against the Indian Constitution’s Article 19(1)(b) that allows peaceful assembly.
Justice Subramonium Prasad will look into this issue, which brings up the challenge of balancing the need for public order with the right to protest. AAP is against the use of Section 144 of the CrPC 1973, which limits gatherings in certain situations, saying it shouldn’t stop peaceful protests.
According to the plea, AAP is exercising its fundamental right guaranteed under Article 19(1)(b) of the Constitution of India, which forms an essential part of democracy, to perform a peaceful protest on February 25 at Jantar Mantar.
Article 19(1)(b) of the Constitution of India guarantees the citizens the right “to assemble peaceably and without arms.
“This provision is part of a broader set of fundamental rights enshrined in the Constitution that safeguards the freedoms of expression, assembly, association, and movement. Article 19(1)(b) specifically protects the right of individuals to gather for peaceful purposes, emphasizing the importance of this freedom in a democratic society. However, this right is not absolute and is subject to reasonable restrictions under Article 19(3), which allows the state to impose restrictions in the interest of public order, sovereignty and integrity of India, or the security of the state.
The party had requested permission by letter dated February 17 from the Deputy Commissioner of Police, New Delhi, wherein it submitted that the said protest will be attended by the Chief Minister of Delhi, Ministers of the Delhi Govt. and MLAs of the Aam Aadmi Party with a gathering of around 800, which was erroneously and arbitrarily declined and that the fundamental right as guaranteed under Article 19 of the Constitution of India forms an essential part of the democracy and the same cannot be taken away summarily by a blanket and prohibitory order issued under Section 144 of the CrPC 1973.
Justice Subramonium Prasad bench is scheduled to hear the matter on Friday.
“It is submitted that by virtue of Section 144 of the CrPC there cannot be a complete prohibition on demonstrations, etc. but after taking into consideration the request, permission can be granted by laying down proper parameters,”
the plea stated.
