New Delhi: As Delhi govt and police prepare to answer Supreme Court’s query on a plea seeking an alternative site to Jantar Mantar for protests and demonstrations in the city, the authorities will be revisiting a tricky subject.Over 15 years ago, govt gave an undertaking before Delhi High Court that it was trying to find another suitable site and sought time, arguing the matter needed consensus. Based on the statement, HC disposed of a PIL filed by some residents living near Jantar Mantar.Last week, the apex court entertained a fresh plea seeking its intervention to find an alternative to Jantar Mantar. Terming it as an “important issue”, it expressed willingness to consider the matter and sought the stand of govt and police.The 2011 plea was filed by Dhawandeep Residents Welfare Association, representing residents of a building located at Jantar Mantar Road. The PIL raised a grievance that cops and New Delhi Municipal Council (NDMC) miserably failed to ensure that the residents are not obstructed or prevented from using the road and are allowed ingress and egress to and from their building.In the plea, it was highlighted that processions and dharnas are held almost throughout the year, resulting in constant sloganeering. Some protesters even pitch tents or temporary shelters, and bathe, sleep and cook near the building for months together, creating unhygienic conditions. As a result, the streets are littered and there’s stagnant water, it was alleged.Even as HC issued a set of generic guidelines for keeping the site and nearby roads clean, it recorded the stand of govt “that they are trying to locate a different place where processions/demonstrations can be permitted, but such identification will take some time and require consensus.”HC had stressed that the authorities have a task of ensuring that the protestors and demonstrators are not denied their right to speak and express their point of view, but they “can’t hold the public to ransom and must show concern and respect the rights of others”. It added, “A balance has to be maintained to ensure the rights of all parties are fully protected and not violated.”Citing the HC order, senior advocate Rajiv Singh, who is part of the petitioner society, wrote several complaints to police alleging violations of rules and loud demonstrations.Significantly, the apex court in 2018 restored both Jantar Mantar and Boat Club as legitimate protest sites, striking down a previous ban on demonstrations at the historic observatory imposed by National Green Tribunal (NGT).Restoring access to the two venues close to the seat of authority in central Delhi, SC said people had a fundamental right to demonstrate peacefully. It stressed there can’t be a “complete ban” on holding protests and sit-ins at these sites and asked Centre to frame guidelines for according sanctions to such events.
