SC refuses to stop CJP’s Sept 5 protest march; asks petitioner to approach Centre

New Delhi: The Supreme Court on Monday refused to pass any interim orders against the proposed September 5 protest march announced by the Cockroach Janta Party (CJP), observing that there was no compelling reason at this stage to presume that the demonstration would lead to any law and order problem.

A Bench of Chief Justice of India (CJI) Surya Kant and Justices Joymalya Bagchi and V. Mohana issued notice on an application challenging the proposed march but declined to list the matter before September 5.

The matter was posted for detailed hearing on September 10 along with other pending matters relating to the student protests. The application was filed by retired Delhi Police officer Rajendra Singh, who sought directions against holding large-scale demonstrations or protest marches in sensitive areas of the national Capital without requisite permission.

Appearing for the applicant, advocate Rizwan Ahmed raised apprehensions over the proposed march from India Gate to the New Delhi Police Headquarters, particularly in view of the upcoming BRICS Summit in the national Capital.

The counsel submitted that the proposed demonstration had been announced through social media and, to his knowledge, the organisers had not sought permission from the authorities.

The counsel also questioned how such a protest could be held without permission and raised concerns over the possibility of a law and order situation on the eve of the international summit.

However, the CJI Kant-led Bench declined to presume that the proposed demonstration would result in any untoward incident.

“At least as of now, we will presume, and we have no reason to doubt, that everybody will act and behave in a very responsible manner and in a peaceful and lawful manner. So right now, for us, there are no compelling circumstances to presume that anything wrong will happen,” the apex court observed.

The Supreme Court observed that maintenance of law and order was ultimately the responsibility of the police authorities and asked the applicant to approach the Centre with his grievances and apprehensions.

“We are not calling upon anyone who is not a party before us. Approach the Central Government,” the CJI Kant-led Bench said.

The counsel pressed for an urgent hearing before the proposed march, arguing that the organisers could not be made a party as the CJP did not have a registered office or letterhead. He also questioned how a protest could be held without requisite permission and urged the top court to consider the issue before September 5.

However, the CJI Kant-led Bench remained disinclined to pre-empt the actions of the organisers, observing that the Union and Delhi authorities would have to ensure that law and order was maintained within the legal framework.

The Supreme Court’s observations came after the CJP announced a peaceful protest march from India Gate to the New Delhi Police Headquarters on September 5, alleging that the Centre had failed to honour commitments made to young people on July 25.

The party had said the march would be led by families of deceased NEET victims and victims of alleged police brutality, and would be joined by students and young citizens from across the country.

In its statement announcing the march, the CJP alleged that the government had delayed implementation of commitments made to the youth and had avoided giving clear assurances even before the Supreme Court.

The party had also referred to the August 18 proceedings before the Supreme Court, claiming that the apex court had repeatedly sought a list of FIRs registered across the country so that it could consider the issue of their collective quashing.

The CJP had alleged that the government had not given a clear commitment on the issue and said its written assurance to the organisation was still awaited.

“We announce a peaceful protest march from India Gate to the New Delhi Police Headquarters on September 5, led by the families of the deceased NEET victims and victims of police brutality, and joined by students and young citizens from across the country,” the party had said.

The CJP had said it was being “forced to return to the streets” over what it described as a “vishwasghaat (betrayal)” with the Gen-Z generation and families who had lost their children.

The party had appealed to students, youth organisations and young citizens to gather at India Gate and participate peacefully in the march.

The Supreme Court is now scheduled to hear the application in detail on September 10 along with other pending matters concerning the CJP-linked student protests.

IANS