Supreme Court Refuses Urgent Plea Against CJP’s September 5 Protest March

The Supreme Court on Monday declined to urgently intervene against the Cockroach Janata Party (CJP)’s proposed protest march in New Delhi on September 5.

The court said that maintaining law and order primarily falls within the responsibility of the government and police.

A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana said there was no basis at this stage to presume that the proposed demonstration would lead to any untoward incident.

"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," the CJI observed.

The bench issued notices to the Centre and Delhi Police on a petition filed by retired Delhi Police officer Rajendra Singh.

However, it declined to hear the matter before September 5 and scheduled it for September 10, along with other cases related to student protests.

The petition has sought directions requiring large-scale demonstrations and protest marches in sensitive parts of the national capital to be held only after obtaining the necessary police permissions.

Appearing for Singh, advocate Rizan Ahmed urged the court to advance the hearing to September 3.

He cited the proposed march as well as the BRICS Summit scheduled to be held in Delhi on September 12-13.

Ahmed told the court that, to his knowledge, the organisers had not obtained police permission for the march.

He also raised concerns about the presence of international dignitaries and media personnel in Delhi during the summit.

The counsel referred to the violence witnessed during the July 20 Sansad March announced by the CJP.

He warned that another such incident could take place, even if it was not directly linked to the organisers.

The CJI, however, said the court could not assume in advance that an untoward incident would occur.

He also reiterated that the police authorities were responsible for handling any law-and-order situation.

"Before us, there is no identified group. You please impress upon the Union or NCT Delhi. It's for them to maintain law and order. They should act as per law," the CJI said.

Ahmed further requested the court to consider postponing the proposed march until after the BRICS Summit.

The bench declined to pass such an order and directed the petitioner to raise the concerns with the Centre and Delhi Police.

"They are expected to maintain law and order, and the enforcing agency has the responsibility to maintain law and order... We are expecting them to act within that framework. From both sides, we are expecting that they will respect, they will conduct themselves, and they will follow the law of the land...," said the CJI.

The petition had also sought regulation, postponement or modification of any proposed mobilisation in Lutyens' Delhi until after the BRICS Summit on September 12-13.

The CJP has announced the September 5 march, alleging that the Centre failed to fulfil its commitment to withdraw cases against students who took part in the July protests over an alleged examination paper leak.