New Delhi [India], August 31 (ANI): The Supreme Court on Monday declined to urgently intervene against a protest march announced by the Cockroach Janata Party (CJP) in New Delhi on September 5, observing that maintenance of law and order was primarily the responsibility of the government and police.
A bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said there was no reason, at this stage, to presume that the proposed demonstration would result in any untoward incident.
"We will at least, as of now, presume everybody will behave in a peaceful manner. Right now there is no compelling circumstance to assume that any untoward thing will happen," the CJI observed.
The bench issued notice to the Centre and Delhi Police on the plea filed by retired Delhi Police officer Rajendra Singh, but refused to list the matter before September 5. It posted the plea for September 10, along with other matters concerning the student protests
The petition has sought directions to ensure that large-scale demonstrations or protest marches in sensitive areas of the national capital are held only after obtaining requisite police permissions.
Advocate Rizan Ahmed, appearing for Singh, urged the apex court to hear the matter on September 3, citing the proposed march and the upcoming BRICS Summit in Delhi on September 12-13.
Ahmed submitted that, to his knowledge, the organisers had not sought permission from the police for the march and expressed concern over the presence of international dignitaries and media in the capital during the summit.
The counsel referred to the violence during the July 20 Sansad March announced by the CJP and cautioned that another incident could occur, even if not directly attributable to the organisers.
The CJI, however, said the Court could not proceed on the assumption that something untoward would happen and reiterated that the police authorities were competent to deal with any law-and-order situation.
"Before us, there is no identified group. You please impress upon the Union or NCT Delhi. It's for them to maintain law and order. They should act as per law," the CJI said.
Ahmed also urged the top court to consider postponing the march until after the BRICS Summit. The bench declined to do so, directing the applicant to take up his concerns with the Centre and the Delhi Police.
"They are expected to maintain law and order, and the enforcing agency has the responsibility to maintain law and order... We are expecting them to act within that framework. From both sides, we are expecting that they will respect, they will conduct themselves, and they will follow the law of the land...," said the CJI.
The petition sought regulation, postponement or modification of any proposed mobilisation in Lutyens' Delhi until after the BRICS Summit scheduled for September 12-13.
It also sought regulation, postponement or modification of any proposed mobilisation in Lutyens' Delhi until after the BRICS Summit scheduled for September 12-13.
The CJP has announced the September 5 march, alleging that the Centre failed to honour its commitment to withdraw cases against students who participated in the July protests over the alleged examination paper leak. (ANI)
SC refuses urgent hearing against CJP's September 5 Delhi protest march
