The Delhi High Court on Wednesday issued a notice seeking responses from the Delhi Police, the Government of NCT Delhi, and other respondents on a plea filed by the Apex Body Leh.
The plea requested permission for climate activist Sonam Wangchuk and others to hold a peaceful protest or fast at Jantar Mantar from October 8 to October 23, 2024.
A bench comprising Justice Prathiba M. Singh and Justice Amit Sharma has directed the parties to submit their replies by October 16, 2024, with a detailed hearing scheduled for October 22, 2024.
Solicitor General Tushar Mehta, representing the Delhi Police, opposed the plea, questioning the urgency of the protest.
The Apex Body Leh approached the Delhi High Court on Tuesday, seeking permission for Sonam Wangchuk and other ‘Padyatris’ to hold a peaceful protest (Anshan) at Jantar Mantar or another suitable location. The plea asserts that this is a fundamental right under Articles 19(1)(a) and 19(1)(b) of the Indian Constitution, which protect free speech and peaceful assembly.
The petition mentions that around 200 participants initiated a peaceful protest march, known as a Padyatra, from Leh, Ladakh, to New Delhi, covering over 900 kilometres in 30 days. Their aim is to raise awareness about the ecological and cultural degradation of Ladakh and the broader Himalayan region. The petitioners wish to hold an awareness campaign and peaceful protests at Jantar Mantar or another suitable location in Delhi.
The Delhi Police had rejected the Padyatra protest request, citing “no valid grounds”.
The petition argues that on October 5, 2024, the Delhi Police arbitrarily rejected the request for a peaceful demonstration at Jantar Mantar, thereby violating the petitioners’ fundamental rights to free speech and peaceful assembly under Articles 19(1)(a) and 19(1)(b) of the Constitution.
Furthermore, the petition claims that the Delhi Police have not provided valid or reasonable grounds for this rejection, despite the peaceful nature of the march. It assures that the proposed demonstration is a peaceful expression of dissent, aimed at raising awareness of significant social issues. The planned Anshan seeks to communicate grievances to the authorities, and the denial of permission suppresses this fundamental right, limiting the petitioners’ ability to engage in public discourse, thereby undermining the principle of open expression.
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