Protests without permission may invite legal action: Supreme Court

NEW DELHI: The Supreme Court has observed that protests held without permission could be unlawful and expose participants to prosecution. The observation came during a hearing on Friday on restrictions imposed ahead of the October 10 protest at Jantar Mantar. Senior advocate Kapil Sibal, appearing for CPM general secretary M.A. Baby, challenged restrictions on transport services ahead of the demonstration, although Baby was not one of its organisers.

The observation followed arguments on the right to stage spontaneous protests. The bench, headed by Chief Justice Surya Kant, questioned the absence of a protest organiser before it. Meanwhile, the Delhi High Court declined an urgent hearing on a petition filed by the Youth Congress challenging the denial of permission to protest at Jantar Mantar, listing the matter for Monday.

The Supreme Court asked the Centre to consider whether Jantar Mantar should be replaced by an alternative protest venue with adequate facilities. The bench noted that government offices and MPs' residences are in the area. Solicitor General Tushar Mehta cited difficulties in providing emergency medical assistance, including ambulance access. The court also directed that train and Metro services should not be completely suspended ahead of the protest but operated in a regulated manner.

In a separate matter, the Supreme Court dismissed a petition filed by L. Ramanathan seeking an independent investigation into FIRs registered over the July student protests at Jantar Mantar. The bench defended its earlier decision to quash the FIRs, with Chief Justice Surya Kant saying the court had to consider the students' future and their families and did not want them entangled in repeated legal proceedings.

Meanwhile, former Supreme Court judge V. Gopala Gowda called for recalling the judgment upholding the Election Commission's Special Intensive Revision (SIR) of electoral rolls, alleging that the court was not properly informed of material facts about the Commission's decision-making.