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Refuses to Restrain Cockroach Janata Party March, Says No
The on Monday declined to pass any restraining the from holding a protest march in Delhi on , observing that there were “no ” to presume that the demonstration would turn violent. A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V Mohana instead issued notice to and the , posting the matter for —five days after the proposed march.
The decision came on a filed by retired officer Rajendra Singh, who sought to prohibit large-scale demonstrations in sensitive areas of the national capital without prior police permission. Represented by advocate , the petitioner argued that the CJP’s march—from India Gate to the headquarters—could spiral into disorder, especially with the upcoming BRICS Summit in the city on .
Court Declines to Preempt Disorder
Chief Justice Surya Kant, speaking for the bench, made clear that the court would not act on mere apprehension. “We will at least, as of now, presume everybody will behave in a peaceful manner. Right now there is no compelling circumstance to assume that any untoward thing will happen,” he observed.
The court’s stance reflected a deliberate insistence on . While agreeing to examine the legal framework for protests, the bench refused to fast-track the hearing ahead of the march date. “Before us, there is no identified group. You please impress upon the Union or . It’s for them to maintain law and order. They should act as per law,” the CJI told the petitioner’s counsel.
Petitioner’s Concerns Over International Summit
Advocate pressed for an urgent listing on , highlighting the security demands of the BRICS Summit. “On 12th and 13th, international dignitaries are coming to the capital. What happened at the AI Summit? People stripped and danced...my submission is—postpone the march till 15th of this month,” he submitted, referring to an earlier incident at a global conference.
Ahmed also drew comparisons with the CJP’s Sansad March, which he alleged had resulted in large-scale violence and injuries to police personnel. “They have tasted blood. They won’t seek permission. Police will stop. This is what they want in front of international media,” he argued. He warned that “God forbid another mishap, not by CJP, maybe by some mischievous elements...” could occur if the protest proceeded unchecked.
The Chief Justice, however, remained unmoved. “We are not calling upon anyone who is not party before us. Approach the central government,” he reiterated.
A Question of Law and Order
The court’s refusal to intervene underscores the between judicial oversight and for public order. The bench noted that the issues raised—permission for processions, route regulation, and potential breaches of peace—fall squarely within the domain of the police and the government under the .
Ahmed had contended that the CJP was acting as if the BNSS did not apply. “They are amending BNSS on their own free will. Nation will not remember this in a pleasant manner. The arrogance some people are exhibiting—you require permission of the concerned police station,” he said. The CJI responded by pointing to the already constituted by the court to examine concerns relating to demonstrations, describing it as a “neutral umpire” that could consider wider policy questions.
Broader Context: Student Protests and BNSS
The CJP’s protest stems from allegations that has failed to honour a commitment to drop cases against students who participated in a July agitation over an exam-paper leak. That earlier protest had itself led to a flurry of petitions, and the is already monitoring related matters. The present application was tagged with those pending cases.
Legal experts note that the court’s decision to let the protest proceed without a prior restraint order is consistent with the principle that —protected under —can only be restricted on . The BNSS, which replaced the , retains provisions requiring prior notice for public assemblies, but the court has now signaled that the onus lies with the executive to enforce those requirements.
and Police Powers
The ’s approach in this case reflects a careful balancing act. By declining to issue a , the bench avoided the appearance of interfering with police discretion. Yet by issuing notice and tagging the matter, it kept the door open for if any untoward incident occurs.
“If any untoward incident occurs or something alarming happens, then the counsel can file an application in the court,” the CJI noted, effectively creating a safety valve. This leaves the police with the responsibility to assess the situation on and take appropriate action if the march becomes unlawful.
What Lies Ahead
The matter is now listed for alongside other petitions concerning student protests. By then, the CJP’s march will have either passed peacefully or generated new grounds for litigation. The has also directed the petitioner to approach the , which may propose broader regulations for demonstrations near Parliament and other sensitive institutions.
For legal practitioners, this case reinforces the importance of framing PILs around concrete evidence of imminent harm rather than speculative fear. The court’s insistence on “” sets a high bar for pre-emptive judicial intervention in public order matters.
As the international community converges on Delhi for the BRICS Summit, the spotlight will remain on the capital’s law enforcement machinery. The has made its position clear: it trusts the police to do their duty, and it trusts the protesters to behave peacefully—until proven otherwise.
