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The Supreme Court of India is currently reviewing a petition challenging the prohibitory orders issued by the Delhi Police, which effectively ban gatherings of five or more individuals in the national capital. The order, enforced under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), will be in effect for six days, from September 30 to October 5, and applies to the New Delhi, North Delhi, and Central Delhi districts. This move has sparked concerns, particularly among organizers of the annual Ramlila festivities, scheduled to begin on October 3, as the order could potentially hinder their celebrations.
The petition, filed by Sunil, Secretary of the Manas Naman Sewa Society, which organizes Ramlila at the Satpula Ground in Chirag Delhi, argues that the prohibitory orders create an unreasonable hindrance to the daily lives of citizens and violate their fundamental rights under Articles 14, 19(1)(b), 19(1)(d), 21, and 25 of the Indian Constitution. These articles encompass the right to equality, the right to freedom of speech and assembly, the right to life and personal liberty, and the right to freedom of religion, respectively. The petition highlights the impact of the orders on the rights, livelihoods, and religious beliefs of Delhi residents, emphasizing the sense of fear and uncertainty they have engendered.
The Delhi Police chief, in issuing the orders, cited concerns regarding the maintenance of law and order in the city, citing several upcoming events that could potentially trigger unrest. These include the proposed Waqf Amendment bill, MCD Standing Committee elections, DUSU elections, and calls for protests by various organizations. The orders also take into account the impending elections in Jammu and Kashmir and Haryana. The petitioner, however, argues that instead of taking proactive steps to maintain law and order and manage crowds, the Delhi Police is resorting to blanket restrictions on gatherings, thereby hindering legitimate events that are typically allowed in a metropolitan city like Delhi. The petition further questions the selective nature of the order, stating that similar restrictions have not been imposed on events for other faiths, and that no justification has been provided for treating the early days of Navratri differently.
Source: Plea in Supreme Court against Delhi Police's prohibitory order to ban crowds