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Synopsis

The Supreme Court was today informed that the order issued by the Commissioner of Police, New Delhi prohibiting the assembly of five or more unauthorised persons, from 30.09.2024 till 05.10.2024 has been withdrawn.

Senior Advocate Menaka Guruswamy mentioned the petition challenging said order before a CJI Chandrachud led bench today. "The Navratri season is approaching, Ramlila is going to happen we have people from UP and Haryana coming over..", Guruswamy told the bench also comprising Justices JB Pardiwala and Manoj Misra.

Solicitor General Tushar Mehta, who was also present before court, submitted that he had been told that this order was withdrawn.

"Delhi Police comes under the Centre..if the Solicitor is saying that it has been withdrawn..", the CJI went on to observe while adding that the High Court should be approached.

Court was then told that the matter was coming up before the Delhi High Court as well today.

The petition filed by one Sunil submits that the impugned order will have a significant effect on the ingress and egress of citizens wishing to enter the NCT of Delhi from other states.

Sunil who is a priest of the famous Kalkaji temple, as also the Secretary of Manas Naman Sewa Society, which organises the grand Ramlila at the Satpula Ground in Chirag Delhi, New Delhi has said the Ramlila and the fair around it see significant footfall each year during Dussehra and Navratri.

"Such festivities are organised in every nook and corner of the city, and these were scheduled to commence on 03.10.2024. However now, in light of the Order assailed in this present petition, the commencement of these festivities across the city and long-standing traditions observed by innumerable B residents of Delhi is in jeopardy for no constitutionally valid reason...", the plea submitted.

Court was further told this would have a chilling effect on the rights of the many other citizens who are celebrating the Navratas in these areas, as under Articles 14, 19, 21 and 25 of the Constitution of India.

Impugned order has no whisper of what can be classified as “urgent” requirements for such invocation curtailing civil liberties, the plea added.

"The elections, amendment to the Waqf laws, as well as the upcoming festivals are all well known to the public authorities in advance, and necessary security arrangements ought to be made for the same. The practice of invoking Section 163 of BNSS (erstwhile Section 144 of CrPC) for such foreseeable scenarios, without a grave apprehension of security breaches or disruption of public order is unsustainable...", the petition adds.