Order prohibiting assembly of five or more persons withdrawn: Delhi Police to SC

Mr. Mehta informed the court that petitions raising similar issue was scheduled to come up for hearing before the high court during the day

The Delhi Police on Thursday (October 3, 2024) informed the Supreme Court that an order prohibiting the assembly of five or more persons in the national capital from September 30 to October 5 has been "withdrawn".

Solicitor General Tushar Mehta told this to a Bench headed by Chief Justice D. Y. Chandrachud when a matter pertaining to the order passed by Delhi Police Commissioner Sanjay Arora was mentioned for urgent listing.

"Solicitor General says that the order by the Commissioner of Police has been withdrawn," the CJI told senior advocate Menaka Guruswamy, who mentioned the matter for urgent listing.

The order issued by the police commissioner prohibited the assembly of five or more persons, carrying of fire-arms, banners, placards etc., pocketing or dharnas in any public areas from September 30 to October 5, citing law and order issues, including calls of protests given by several organisations.

Ms. Guruswamy mentioned the matter before the Bench, also comprising Justices J. B. Pardiwala and Manoj Misra, and said the order passed by the police commissioner impacts the city right now because of the Dussehra season.

She said due to the order, Ram Leela can't take place and the order affects the Durga Puja festivities as well.

"Go to the Delhi High Court," the Bench initially said.

Mr. Mehta informed the court that petitions raising similar issue was scheduled to come up for hearing before the high court during the day.

The CJI told Ms. Guruswamy that the senior law officer has stated that the order has been withdrawn.

According to a police officer, the old order has ceased on the intervening night of October 2 and 3.

According to the earlier order issued from the Delhi Police Headquarters, the police commissioner had directed to impose Section 163 (which was earlier Section 144 of CrPC) of the Bharatiya Nagarik Suraksha Sanhita in the districts of New Delhi, North and Central and all police stations jurisdiction sharing the borders with other states.

"The general atmosphere in Delhi is sensitive from a law and order point of view due to various current issues like prevailing communal atmosphere in view of the proposed Waqf Amendment Bill and the issue of Shahi Idgah in Sadar Bazaar area, politically surcharged issue of MCD Standing Committee elections and pending declaration of results of DUSU elections etc.," the order stated.

"Further, there will be heavy movement of the VVIPs and dignitaries in the areas of New Delhi and Central District on October 2 on the birth anniversary of Mahatma Gandhi," it said.

The earlier order further stated that the Jammu and Kashmir and Haryana legislative assembly elections are underway and, thus, there was a need to have continuous checks on the movement of persons and vehicles from Delhi borders.

Published - October 03, 2024 04:34 pm IST