The Supreme Court on Friday said that the right to protest is a fundamental right but said demonstrators must exercise it within the law, as senior advocates Kapil Sibal, Abhishek Manu Singhvi and Gopal Sankaranarayanan raised concerns over sweeping security restrictions ahead of the Cockroach Janta Party’s (CJP) planned protest in Delhi on Saturday.
The lawyers flagged train cancellations and Metro shutdown, arguing that the security response risked disrupting the lives of ordinary citizens. Sibal also alleged that police personnel were visiting mosques and asking people offering namaz not to join the demonstration.
Chief Justice of India Surya Kant, hearing the mentioning, asked the lawyers to approach the Delhi High Court.
Sibal urged the Supreme Court to hear the petition filed on behalf of CPI(M) leader MA Baby alongside the matter concerning the CJP protest at Jantar Mantar.
The CJI initially asked why the petitioners could not approach the High Court. When Sibal pointed out that the matter there had been listed for Monday, the lawyers sought urgent intervention ahead of Saturday’s demonstration.
The bench allowed Sibal to mention the petition at 2 pm, with the matter scheduled to be taken up again then.
The immediate exchange did not result in a direction to halt the security measures.
‘You Cannot Shut Down An Entire City’
Senior advocate Gopal Sankaranarayanan strongly objected to the scale of the restrictions, saying, “You cannot shut down an entire city just because you can't manage a protest.”
Sibal and Singhvi also raised concerns about the impact of the measures on people who wanted to attend the protest and those who needed to travel across the capital.
Justice Joymalya Bagchi indicated that the court could explore ways to regulate the gathering if it had details about the organisers and the expected turnout.
“We can whittle down,” Justice Bagchi said, suggesting that the organisers could be asked how many people they expected to assemble. The authorities could then regulate the gathering accordingly, he indicated.
The judge, however, noted that petitioner MA Baby was not himself an organiser of the proposed demonstration.
Justice Bagchi also questioned the urgency of holding the protest on Saturday, asking whether there was any specific significance to that day and why the organisers were insisting on the date.
Senior advocate Vrinda Grover told the bench that permission for the demonstration had been declined.
SC Calls For Balance Between Protest And Public Convenience
The bench underlined that the right of a group of citizens to protest must be protected, while also pointing out that the wider public has essential rights to commute, move around and access basic services.
The court said there had to be a balance between these competing interests.
“The right to protest is a fundamental right. But the right is to be exercised as per the laws,” the bench observed, according to the exchanges during the hearing.
It added that if the authorities violated the law or the police failed to act appropriately, the affected parties could approach the court.
“If there is any violation on the part of authorities, if the police drag their feet, come to court,” the bench said.
The observations came as Delhi prepared for a major security operation ahead of Saturday’s proposed gathering.
Delhi Police has sought restrictions at 57 Metro stations, including the closure of entry and exit gates and reduced train frequency, citing concerns about crowds moving towards sensitive locations. The proposed measures were scheduled to begin at 9 pm on Friday and continue through Saturday, depending on the situation.
Railways have also cancelled Mail and Express trains scheduled to arrive at New Delhi and Hazrat Nizamuddin stations between 4 am and 2 pm on Saturday, citing anticipated traffic congestion around the stations.
Delhi Police has denied permission for the CJP-led demonstration and imposed prohibitory restrictions under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS). Authorities have cited concerns about public order and the possibility of large crowds converging on central Delhi.
Why Is CJP Protesting?
The CJP and student groups, including the All India Students’ Association (AISA), have called for a demonstration at Jantar Mantar on October 10, demanding the resignation of Chief Election Commissioner Gyanesh Kumar. The protest is linked to allegations of irregularities in the Special Intensive Revision (SIR) of electoral rolls.
The Election Commission has faced opposition criticism over its handling of the voter-roll revision exercise, while the commission has defended its procedures.