[Navratri Festivities] “Prohibitory Order on Assembly of 5 or More People in Delhi Withdrawn”: Centre to SC

The Central government Today (Oct 3) informed the Supreme Court that the prohibitory order issued by the Delhi Police under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which barred the assembly of five or more people in the national capital from September 30 to October 5, had been withdrawn. A Bench led by CJI Chandrachud recorded SG Tushar Mehta’s submission regarding the withdrawal of the order.

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NEW DELHI: The Central government informed the Supreme Court that the prohibitory order issued by the Delhi Police under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which restricted the assembly of five or more people in the national capital from September 30 to October 5, had been withdrawn.

The decision was recorded by a Bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, after Solicitor General (SG) Tushar Mehta conveyed the withdrawal of the order.

“Police is under the Union. SG submits that the prohibitory order has been withdrawn,”

-the Court noted during the proceedings.

The initial order, dated September 30, prohibited the assembly of more than five unauthorized persons, along with the carrying of firearms, banners, placards, or lathis, and also banned the organization of picketing or dharnas in public spaces.

The decision was reportedly based on intelligence inputs regarding anticipated protests and campaigns in Delhi during the first week of October.

The Court was hearing a plea filed by Sunil, the priest of the renowned Kalkaji temple and secretary of the Manas Naman Sewa Society, which organizes the grand Ramlila at the Satpula Ground in Chirag Delhi. The plea, filed through Advocate Prateek Chadha, argued that the prohibitory order would have significantly affected the footfall at the Ramlila event.

The petition underscored that the order’s timeline coincided with the religiously significant Navratri festival, which began on October 3. It contended that any assemblies celebrating the Navratri festivities in the areas covered by the order, including New Delhi, North Delhi, Central Delhi, and all border areas of the National Capital Territory (NCT) of Delhi, would have been adversely impacted.

The plea further challenged the necessity of the prohibitory order, arguing that there was no apparent “urgent” reason to curtail civil liberties. It maintained that the Delhi Police’s decision was not related to any emergency or unforeseen circumstances that would justify such a stringent measure.

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