Jantar Mantar protest denial puts the right to assemble in focus

The brief in 5 cards

1. Context1 / 5
   • As of 8 October 2026, Delhi Police said permission had not been granted for a protest at Jantar Mantar planned for 10 October by the Cockroach Janata Party (CJP) and allied student groups.
   • The organisers sought Chief Election Commissioner Gyanesh Kumar’s resignation. They alleged large-scale voter deletions during the Special Intensive Revision (SIR) of electoral rolls. These are the organisers’ allegations.
   • The application was reported to have been made on 7 October, against an ordinary notice requirement of about 10 days. Short notice and safety concerns were reported as reasons for refusal.
   • A senior police officer said more than 20,000 police and paramilitary personnel had been deployed across Delhi. Prohibitory orders were reported to be in force in the area.

   This card sets out documented positions. It does not adjudicate between them.

2. Note2 / 5

   The constitutional and legal framework

   The table sets out the key provisions.

   Provision	What it does
   Article 19(1)(a)	Citizens’ freedom of speech and expression, including criticism of the government
   Article 19(1)(b)	Citizens’ right to assemble peaceably and without arms
   Article 19(3)	Allows reasonable restrictions on assembly for sovereignty and integrity of India, and public order
   Article 226	High Courts can review administrative decisions and enforce fundamental rights
   Section 163, Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023	Magistrate can issue urgent orders to prevent danger or disturbance (corresponds to Section 144 of the Code of Criminal Procedure (CrPC))
   Section 223, Bharatiya Nyaya Sanhita (BNS), 2023	Penalises knowing disobedience of a duly promulgated lawful order when statutory harm or risk conditions are met (corresponds to Section 188 of the Indian Penal Code (IPC))

   Think of the right to protest as a road: citizens may use it, but lawful and reasonable traffic rules govern when, where and how.

3. Note3 / 5

   What the courts have said

   • Babulal Parate v. State of Maharashtra (1961): Upheld the constitutional validity of the old Section 144. Affected persons could ask the magistrate to modify or cancel an order.
   • Ramlila Maidan Incident, In re (2012): Held that the midnight police action against sleeping protesters was excessive. Preventive powers must be used cautiously and with adequate justification.
   • Mazdoor Kisan Shakti Sangathan v. Union of India (2018): Rejected a complete prohibition at Jantar Mantar and directed a mechanism for limited, regulated use. It also directed guidelines for permission in the Boat Club area, balancing protesters’ rights with those of residents.
4. Note4 / 5

   Challenges and remedies

   • Arbitrary refusals. Wide police discretion can suppress legitimate dissent, especially when reasons are not recorded.
   • Competing interests. Protests can disrupt traffic and residents’ lives, which the 2018 judgment recognised.
   • Distant venues. Moving protests far from decision-makers can blunt their purpose.
   • Permission refusal. Organisers can ask police to reconsider or propose a different date or venue.
   • Prohibitory order. An aggrieved person can ask the competent magistrate to alter or rescind the order under BNSS Section 163. The applicant must receive an early opportunity to be heard; a full or partial rejection requires written reasons. This is distinct from reconsideration of a police permission refusal.
   • Judicial review. Organisers can approach the High Court under Article 226 for urgent relief.
5. Way forward5 / 5
   • Publish clear criteria for permission and record reasons for every refusal.
   • Prefer proportionate regulation, such as crowd limits, timings and traffic diversions, over blanket bans.
   • Offer accessible alternative venues where security permits.
   • Organisers should apply early, follow safety conditions and keep protests peaceful.
   • Distinguish peaceful dissent from real threats of violence, using credible information.

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