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The Delhi High Court on Tuesday issued notice on the plea of the Indian Youth Congress (IYC) against the denial of permission to hold the protest against the CEC Gyanesh Kumar at Jantar Mantar.
Delhi police opposed the plea on various grounds, including the decision to de-notify Jantar Mantar as designated protest site has been taken after the order passed by the Supreme Court. Justice Amit Mahajan issued the petition and sought a response from the Delhi police. The matter has been listed for hearing on November 17. Meanwhile, the petitioner has to amend the petition in view of the latest developments. Additional Solicitor General Chetan Sharma, appearing for the Delhi Police, submitted that the petition has become infructuous after Jantar Mantar has been denotified as a designated protest site. Other prayers are connected with the main prayer for permission to hold protest. The Supreme Court had said appropriate sites need to be identified and designated, and we have precisely done that," the ASG said. It was also submitted that the decision has been taken pursuant to the order the Supreme Court passed on October 9. Senior advocates Siddharth Luthra, Tanvir Ahmed Mir and Nandita Rao appeared for IYC. Advocate Roopesh Singh Bhadauria, Chitwan Gaudara, also appeared for the petitioner. The plea has been filed by IYC national president Uday Bhanu Chib, challenging the Delhi Police order dated October 1 rejecting the organisations request to hold the demonstration. According to the petition, the IYC had approached the police on September 25 seeking permission to organise a peaceful protest involving around 100-150 people. The organisation claimed it was willing to comply with all conditions relating to security, traffic management and the maintenance of public order. The plea states that despite repeated follow-ups, the police communicated their decision only on October 1, the date proposed for the protest. The Youth Congress has argued that while the police are empowered to regulate public gatherings, restrictions cannot be imposed without considering the circumstances of the particular event. The organisation has further contended that the refusal to grant permission infringes upon its fundamental rights to freedom of speech and expression and peaceful assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution. The petition also challenges the alleged mechanical application of guidelines governing protests and public assemblies. It has been filed through Advocate Roopesh Singh Bhadauria. (ANI)
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