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Directs Police to Allocate Alternate Protest Venue for
The on Friday directed the to consider and decide upon an for a three-day peaceful protest planned by the Delhi State ( ), with a deadline of Monday, . The order came after the police denied permission for the union’s planned at Jantar Mantar, citing potential law-and-order issues, and following allegations that previous protest requests were deliberately stalled at the last minute.
Justice Amit Mahajan, presiding over the petition, emphasized that the authorities should not force citizens to approach the court merely to exercise their . “The respondent authorities are directed to consider the request for an alternate site to hold a demonstration by Monday,” the court recorded. The decision, once made, must be communicated to the union before the commences.
The petition was filed by the , an umbrella federation representing multiple banking sector trade unions and a majority of bank officers and staff engaged in service condition negotiations. The union had sought permission to hold a at Jantar Mantar from to 30, coinciding with a nationwide bank called by the . The is expected to affect bank branches across the country.
Background: A History of Denied Permissions
In its submission, the alleged that the had previously rejected permissions for protests scheduled on and 18 without justification. The union claimed these were intended to disrupt the employees’ planned agitation. “The administration had previously rejected permissions for protests scheduled on and at the final moment without justification, alleging that those eleventh-hour cancellations were intended to disrupt the employees’ planned agitation,” the petition stated.
The court’s direction does not guarantee approval for Jantar Mantar itself, but ensures that the police must respond with a decision on a suitable before the begins. Justice Mahajan remarked that the authorities ought to provide an alternate space rather than forcing citizens to approach the court for such matters, highlighting a broader concern about administrative reluctance to facilitate .
Core Demands of the Nationwide Bank
The planned demonstration is tied to a three-day nationwide bank called by the from to 30, which is expected to affect bank branches across the country. Speaking about the , Shiv Shankar Singh, Working President of the , Delhi, outlined several key demands.
One of the primary demands is the implementation of a five-day work week for banks. Singh noted that this had already been agreed upon during the last wage settlement signed on , between the ) and union representatives, but has not been implemented to date. “The five-day week was agreed in the last wage settlement but remains unimplemented,” Singh said.
The unions also consider the Old Pension Scheme (OPS) superior to the current National Pension System (NPS), as it guaranteed financial security even after an employee’s retirement or death, with benefits extended to spouses and families—a provision Singh said is absent from the NPS. Other demands include income tax exemption on the additional 4% contribution made by banks to the NPS, a higher gratuity ceiling under , updation of pensions, a uniform Dearness Allowance (DA) on pensions, and a revision of the ex-gratia payment for pensioners effective from .
Legal Analysis: The Right to Peaceful Assembly
The case raises significant questions about the balance between the under and the state’s power to impose in the interest of . The ’s intervention underscores the principle that the right to protest is not absolute but must be facilitated, not obstructed, by authorities.
Justice Mahajan’s observation that citizens should not have to seek merely to secure a venue for a reflects a growing judicial unease with . The court did not rule on the merits of granting permission for Jantar Mantar but instead compelled the police to exercise their discretion in a . This aligns with the ’s consistent jurisprudence that the , is a cornerstone of democracy, and that the state must provide alternative spaces if a particular location is denied.
However, the court stopped short of ordering a specific venue, leaving the decision to the police, subject to their assessment of law and order. This approach avoids overstepping into while ensuring accountability. The union’s allegation of deliberate also highlights a potential pattern of administrative obstruction, which the court implicitly criticized by demanding a decision before the begins.
Impact on Legal Practice and Industrial Relations
For legal practitioners, this case reinforces the importance of timely judicial remedies when fundamental rights are at stake. It also serves as a reminder that administrative decisions on protest permissions must be reasoned and not arbitrary. The court’s direction to decide by Monday sets a precedent for urgent relief in such matters.
From an industrial relations perspective, the and the court’s involvement reflect deep-seated grievances among bank employees regarding unresolved wage settlements and pension reforms. The demand for a five-day work week, already agreed upon but not implemented, points to a gap between negotiation and execution. The push for OPS revival is part of a larger national debate on pension reforms, with many unions across sectors seeking a return to the defined-benefit scheme.
The ’s order may encourage other unions facing similar permit denials to seek , potentially increasing the workload on courts. However, it also places a positive obligation on police authorities to proactively offer alternative sites rather than simply denying permission.
Conclusion
The ’s directive to the to decide on an alternate protest venue for the by is a measured intervention that upholds the right to peaceful assembly while leaving operational details to the executive. The court’s criticism of the need for for such basic administrative tasks signals a broader message: authorities must respect fundamental rights without requiring citizens to litigate. As the nationwide bank looms, the unions’ unresolved demands remain at the forefront, and the court’s role in ensuring a lawful platform for their expression is a crucial step in the ongoing dialogue between labour, management, and the state.
