Supreme Court Refuses To Stop CJP’s September 5 Delhi March, Leaves Law And Order To Authorities

The Supreme Court on Monday, refused to restrict or prohibit the Cockroach Janata Party’s proposed September 5 protest march in Delhi, observing that there were no compelling circumstances to presume that anything untoward would happen.

According to Hindustan Times, a bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana heard a plea filed by retired Delhi Police officer Rajendra Singh, who had sought restrictions on large-scale protests and marches in sensitive parts of Lutyens’ Delhi.

Plea raises security concerns ahead of BRICS Summit

Singh’s petition sought restrictions on demonstrations in areas including India Gate and Central Vista unless prior permission had been obtained. He also sought the postponement or regulation of the CJP march, citing security concerns ahead of the BRICS Summit scheduled for September 12 and 13.

Moneycontrol reported that the petitioner argued that the proposed demonstration could create security challenges in the capital at a time when Delhi would be preparing to host international leaders and media for the summit.

However, the Supreme Court declined to proceed on the assumption that the proposed protest would necessarily result in a law-and-order situation.

Supreme Court leaves law and order to authorities

The bench emphasised that maintaining law and order falls within the domain of the police and administration.

The court said the authorities would have to determine what was permissible and take appropriate steps depending on the situation. At the same time, both the protesters and the authorities were expected to behave responsibly, remain peaceful and operate within the legal framework.

The matter has been listed for further hearing on September 10, with notices issued to the Centre and Delhi Police. The petitioner was also advised to approach the High Powered Enquiry Committee in connection with issues arising from earlier protests.

Why is CJP planning the September 5 march?

The proposed march comes against the backdrop of the youth-led agitation over alleged irregularities surrounding the NEET examination.

The CJP has announced a march from India Gate to the Delhi Police Headquarters on September 5, which is also Teachers’ Day.

The organisation has said the demonstration will be led by families of NEET aspirants who died by suicide and alleged victims of police action during earlier protests.

The group has accused the Centre of failing to fulfil commitments made on July 25, when its 36-day agitation was brought to an end.

Among its key demands is the withdrawal or quashing of FIRs registered against protesters, along with other assurances that the group says were made during negotiations with the government.

Delhi Police yet to receive formal request

Delhi Police has also been monitoring the proposed demonstration.

Times of India reported that police had not received a formal request for permission for the march as of late August. Any application, once submitted, is expected to be assessed on the basis of security and law-and-order considerations.

Preparations for possible additional deployment of security personnel were also underway, given the expected gathering and the sensitivity of the areas involved.

What the court's decision means

The Supreme Court’s decision does not amount to formal permission for the September 5 march.

Instead, the question of whether the demonstration can proceed, along with its route, crowd management and security arrangements, remains with the competent authorities.

For now, the CJP has maintained its plan for the march, while the Supreme Court has made clear that all sides must act peacefully and within the boundaries of the law.