SC Refuses to Restrict CJP’s September 5 Delhi March, Leaves Law and Order to Authorities

New Delhi: The Supreme Court on Monday refused to ban or interfere in the 'Cockroach Janata Party' (CJP) march proposed in Delhi on September 5. The court said that it is the responsibility of the Center and Delhi government to maintain law and order during the march. The three-member bench expressed hope that all parties involved in the protest would proceed peacefully by following the law.

What did the Supreme Court say about the march?

The bench headed by Chief Justice Surya Kant said that at present there is no concrete circumstance before it on the basis of which it can be believed that the proposed march could be violent. The bench also included Justice Joymalya Bagchi and Justice V. Mohana. The court made it clear that the decision regarding permission for the march and its conditions will be taken by the concerned administrative officers.

Why did the petitioners demand postponement of the march?

Petitions were filed in the court on behalf of Shivam Upadhyay and retired Delhi Police officer Rajendra Singh. In these, there was a demand to ban large gatherings and marches in sensitive areas of Lutyens' Delhi, especially India Gate and Central Vista. The petition also demanded postponement of the September 5 march until after the BRICS conference to be held on September 12 and 13.

What argument was given regarding police permission?

Advocate Rizwan Ahmed, appearing for Rajendra Singh, said in court that the organisers have announced another march on September 5 without taking permission from the police. His argument was that such demonstrations could create a law and order situation. Expressing apprehension of some untoward incident in Delhi before the BRICS conference, he demanded to extend the march.

Who was said to be responsible for law and order?

The Supreme Court said that the Central and Delhi governments have to take decisions on matters related to law and order. The bench said that the concerned authorities will decide what is legal and what is illegal. The court expressed hope from both the parties to respect the legal system and each other's rights.

If the situation worsens, will we be able to go to court again?

Advocate Rizwan Ahmed asked whether he could approach the Supreme Court again if the organisers did not take permission from the police by September 3 or 4. On this, the bench said that if any unpleasant or worrying situation arises and the matter is related to the judicial jurisdiction of the court, then in that situation the door of the court can be approached.

What is the issue of the proposed march on September 5?

On August 24, CJP had announced a 'peaceful march' of about three kilometers from India Gate to Delhi Police Headquarters. This includes the families of students who allegedly died after the NEET exam was cancelled and re-conducted. People who protested against the alleged police action during the protest in July will also join the march.

What investigation is already underway regarding the July demonstration?

The Supreme Court has already constituted a five-member high power committee to investigate the allegations related to the July 20 protest. It is headed by former Supreme Court judge Justice R. Subhash Reddy is doing it. The committee has to investigate the allegations related to both the protesters and the police.

Which allegations will the committee investigate?

The committee has to investigate many aspects including alleged police excesses, violence by protesters, injuries to policemen and damage to public property. Its scope also includes allegations of use of pellet guns, electric batons, lathi and tear gas, proportionality of police action, surveillance and alleged violence, harassment and molestation of women protesters.

When has SC scheduled the next hearing of the case?

On Monday, the bench directed copies of the petition to be given to the Center and the Delhi government and listed the matter for September 10 along with the related petition. The court also made it clear that the investigation of the High Power Committee will continue under its supervision.

What is the stand of the governments on this entire matter?

The Center and the Delhi government have not objected to an independent and impartial investigation. However, both of them have denied the allegations of excesses by the police during the demonstration. The committee constituted by the Supreme Court will now examine the claims of both the parties and the available evidence and present its recommendations to the court.