New Delhi [India]: The Aam Aadmi Party (AAP) has moved Delhi High Court against Delhi Police for not granting permission to hold protests at Jantar Mantar in regard to alleged hurdles being put before the implementation of the Delhi Jal Board’s One-Time Settlement Scheme for water bill arrears.
The plea alleged that the Delhi Police erroneously and arbitrarily declined the request of the petitioner to hold a peaceful protest on February 23, 2024, at Jantar Mantar, New Delhi, which is in violation of the fundamental right of the petitioner.
According to the plea, AAP is exercising its fundamental right guaranteed under Article 19(1)(b) of the Constitution of India, which forms an essential part of democracy, to perform a peaceful protest on February 25 at Jantar Mantar.
The party had requested permission by letter dated February 17 from the Deputy Commissioner of Police, New Delhi, wherein it submitted that the said protest will be attended by the Chief Minister of Delhi, Ministers of the Delhi Govt. and MLAs’ of the Aam Aadmi Party with a gathering of around 800, which was erroneously and arbitrarily declined and that the fundamental right as guaranteed under Article 19 of the Constitution of India forms an essential part of the democracy and the same cannot be taken away summarily by a blanket and prohibitory order issued under Section 144 of the CrPC 1973.
Justice Subramonium Prasad bench is scheduled to hear the matter on Friday.
“It is submitted that by virtue of Section 144 of the CrPC there cannot be a complete prohibition on demonstrations, etc. but after taking into consideration the request, permission can be granted by laying down proper parameters,” the plea stated.
