Delhi High Court issues notice on IYC plea against denial of nod for protest

He argued that the rejection was a non-speaking order and that the standing order could not be used to restrict fundamental rights without proper legal justification.

The petition raises specific constitutional challenges to the manner in which the standing order is applied, including the use of administrative guidelines as the basis for restricting peaceful assemblies and the failure to undertake an individualised assessment of the proposed demonstration.

Despite repeated follow-ups, the rejection was communicated only on October 1, the first proposed date of the demonstration.

The petition challenges the mechanical invocation of general law and order and traffic concerns without adequately explaining why the proposed gathering could not be accommodated through reasonable conditions. It also questions the treatment of the 10-day application requirement as an absolute bar, despite provisions contemplating consideration of applications submitted at shorter notice in appropriate circumstances.

During today’s hearing, the Additional Solicitor General opposed the issuance of notice, contending that the petition had become infructuous following the de-notification of Jantar Mantar as a designated protest site. The Indian Youth Congress opposed this contention.

Senior Advocate Siddharth Luthra appearing on behalf of the Indian Youth Congress submitted that the issues raised required judicial scrutiny and indicated that the prayers would be amended in light of the subsequent de-notification.