Delhi Police's prohibitory order against gathering withdrawn, Solicitor General tells Supreme Court

Solicitor General Mehta appraised a bench led by Chief Justice of India DY Chandrachud, when a plea relating to the issue was mentioned before the top court.

His reply came when a petition mentioned in the Supreme Court challenging the order of Delhi Police restricting large gatherings in Delhi, saying it will affect Ram Leela, Durga Puja pandals, Dussehra and public gatherings.

Sunil, a priest of the famous Kalkaji Temple in Delhi and the Secretary of Manas Naman Sewa Society, who organises the grand Ramlila at the Satpula Ground in Chirag, Delhi, filed the plea through advocate Prateek Chadha on record. He has challenged the Delhi Police Prohibitory Order banning assembly of five or more people from September 30 to October 5, saying that it will affect footfall during Dussehra and Navratri festivals. The petitioner said that the order would hinder religious celebrations during this period.

"The Ramlila and the fair around it see significant footfall each year during Dussehra and Navratri. Such festivities are organised in every nook and cranny of the city, and these were scheduled to commence on October 3, 2024. However, now, in light of the order assailed in this present petition, the commencement of these festivities across the city and long-standing traditions observed by innumerable residents of Delhi is in jeopardy for no constitutionally valid reason," the petition said.

"Given that the highly religiously significant period of the Navratas begins on 03.10.2024, any assemblies to celebrate the festivities in the notified areas [New Delhi, North Delhi, Central Delhi and all the border areas of the NCT of Delhi] will be adversely affected," the petition read.

In the plea, the petitioner sought quashing and setting aside of the order dated September 30, 2024, issued by the Commissioner of Police. Delhi Police exercising and enacting the powers under Section 163 of the Bhartiya Nagarik Suraksha Sanhita, 2023, prohibited the assembly of five or more unauthorised persons from September 30 to October 5. During this period, there is a prohibition on the assembly of five or more unauthorised persons, carrying of firearms, banners, placards, lathis and so on and dharnas in public areas.

"The impugned order will have a significant effect on the ingress and egress of citizens wishing to enter the NCT of Delhi from other states," the petition said.

The reasons provided in the order do not relate to any emergency or unforeseen circumstance that necessitates the curfew sought to be imposed by the police, the petition said.

"The elections, amendments to the Waqf laws, as well as the upcoming festivals, are all well known to the public authorities in advance, and necessary security arrangements ought to be made for the same. The practice of invoking Section 163 of BNSS for such foreseeable scenarios, without a grave apprehension of security breaches or disruption of public order is unsustainable in light of the pronouncements of this Court," the petitioner said.

The petitioner submitted that it appears that instead of performing its duties in respect of the maintenance of law and order and crowd management, the respondent simply seeks to evade them by trying to prohibit legitimate gatherings that would ordinarily take place in plural and thriving metropolises such as Delhi.

The petitioner said that the Delhi police decision is a serious hindrance to the general day-to-day life of individuals, and their fundamental rights which cause grave hindrance to the rights, life, and livelihood of the citizens of Delhi.

Meanwhile, AAP minister Saurabh Bharadwaj had slammed Delhi Police and the lieutenant governor for issuing an "impractical order" on restrictions ahead of the festive season. (ANI)