New Delhi: The Supreme Court on Monday refused to pass any interim order against the September 5 protest march proposed by the Cockroach Janata Party (CJP). The court said there was no concrete reason at this stage to assume that the protest would lead to any law-and-order problem.
A bench comprising Chief Justice Suryakant and Justices Joymalya Bagchi and V. Mohana issued notice on an application challenging the proposed march but declined to list the matter for hearing before September 5. A detailed hearing in the case, along with other pending matters related to student protests, has been scheduled for September 10.
The application was filed by retired Delhi Police officer Rajendra Singh, who sought directions to prevent large-scale demonstrations or protest marches in sensitive areas of the national capital without the necessary permissions.
Appearing for the petitioner, advocate Rizwan Ahmed expressed concern over the proposed march from India Gate to the New Delhi Police Headquarters. Ahmed argued that the demonstration could create law-and-order and security challenges, particularly in view of the upcoming BRICS Summit in the national capital.
Rizwan Ahmed said the proposed protest had been announced through social media and, according to his information, the organizers had not sought permission from the authorities.
The lawyer also questioned how such a protest could be held without permission and raised concerns about the possibility of a deterioration in the law-and-order situation on the eve of an international summit.
The bench headed by the Chief Justice declined to presume that the proposed demonstration would result in any untoward incident.
The Supreme Court said, “For the time being, we will proceed on the assumption, and we have no reason to doubt it, that everyone will act responsibly, peacefully and in accordance with the law. Therefore, at this stage, we have no concrete reason to anticipate that anything will go wrong.”
The Supreme Court observed that the ultimate responsibility for maintaining law and order rests with the police authorities and asked the petitioner to approach the Centre with his grievances and concerns.
The bench headed by the Chief Justice said, “We are not calling anyone who is not a party before us. Please approach the Central Government.”
The lawyer sought an urgent hearing before the proposed march, arguing that the organizers could not be made parties because the Chief Justice did not have any registered office or letterhead. He also questioned how a protest could be organized without the required permission and urged the apex court to consider the matter before September 5.
However, the bench headed by Chief Justice Kant appeared reluctant to restrain the organizers and said that the Centre and Delhi authorities would have to ensure that law and order is maintained within the legal framework.
The Supreme Court’s observations came after the CJP announced a peaceful protest march on September 5 from India Gate to the New Delhi Police Headquarters. The party alleged that the Central Government had failed to fulfill the promises made to young people on July 25.
The party had said that the march would be led by the families of students who died in connection with the NEET examination and victims of alleged police brutality. Students and young citizens from across the country were also expected to participate.
In its statement announcing the march, the CJP alleged that the government had delayed implementing its promises to the youth and had even refrained from giving clear assurances before the Supreme Court.
The party also referred to proceedings before the Supreme Court on August 18, claiming that the apex court had repeatedly sought a list of FIRs registered across the country so that it could consider the issue of quashing them collectively.
The Chief Justice had stated that the government had not shown any clear commitment on the issue and that the organization was still waiting for a written assurance from the government.
The party said, “We announce a peaceful protest march on September 5 from India Gate to the New Delhi Police Headquarters, led by the families of students who died in the NEET examination and victims of police brutality, with the participation of students and young citizens from across the country.”
The CJP had said that it was being “forced to return to the streets” because the Gen-Z generation and families who had lost their children had been betrayed.
The party appealed to students, youth organizations 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 cases related to student protests involving the CJP.
