The Indian Youth Congress (IYC) has approached the Delhi High Court challenging the Delhi Police’s refusal to grant permission for a demonstration against Chief Election Commissioner (CEC) Gyanesh Kumar at Jantar Mantar.
The petition has been filed by IYC National President Uday Bhanu Chib and is likely to come up before the High Court next week.
Chib has challenged the Delhi Police order dated October 1, through which the organisation’s application seeking permission for the protest was rejected.
According to the plea, the IYC had applied on September 25 to hold a peaceful demonstration at Jantar Mantar, with an expected participation of around 100-150 people. The organisation stated that it was willing to comply with all lawful conditions concerning security arrangements, traffic management, discipline and maintenance of public order.
The plea states that despite repeated follow-ups, the police communicated their decision only on October 1, which was also the date initially proposed for the demonstration.
The petition contends that while the police have the power to regulate public assemblies, such authority cannot be used to impose a blanket prohibition without conducting an individualised and proportionate assessment of the circumstances.
The IYC has further argued that the rejection violates the fundamental rights to freedom of speech and expression and peaceful assembly guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution.
The plea also challenges what it describes as the “mechanical application” of guidelines governing protests and public assemblies.
The petition has been filed through advocate Roopesh Singh Bhadauria.
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