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Denial of permission for Oct 10 protest against CEC Gyanesh Kumar in Delhi challenged before SC

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Hours after the Delhi Police denied permission to the CJP to hold a protest against Chief Election Commissioner Gyanesh Kumar at Jantar Mantar on October 10, several petitioners, including CPI(M) leader MA Baby on Friday moved the Supreme Court against the order, alleging their right to protest was being violated.Mentioning the matter before a Bench of Chief Justice of India Surya Kant, Justice Joymalya Bagchi and Justice V Mohana, senior counsel Kapil Sibal alleged that the authorities have closed 57 Delhi Metro stations and cancellation of a large number of long distance Delhi-bound trains ahead of the protest.”All trains are cancelled. Metro stations are closed. You cannot move anywhere. Hotels are closed to people. Nizamuddin is closed. RWAs are being told that people cannot come out. What is happening to my country? This is a peaceful protest. It’s our country. How can this happen? How can this be?” Sibal submitted on behalf of Baby.Sibal was supported by senior advocates Gopal Sankaranaraynan and AM Singhvi and advocates Prashant Bhushan and Vrinda Grover.”A peaceful protest is not unlawful. There is no question of shutting down an entire city because we are incapable of handling some protesters. These are preventive measures. Nothing has happened yet,” Sankaranaraynan submitted.Noting that it will have to strike a balance between rights of protesters and common citizens’ right to have access to common and essential facilities, the Bench agreed to take up the matter at 2 pm today itself after the lunch break.“Before us is a document which appears to impose a blanket ban on certain common facilities relating to transport, access to other essential facilities and designated places. That definitely affects ordinary citizens. We have a balance to make between the rights of a group of citizens who wish to protest and the rights of another group, perhaps a much larger group, who want access to common and essential facilities. The State stands between the two,” Justice Bagchi said.Sankaranaraynan said the top court will have to examine if the measures taken by the authorities were proportionate.Singhvi said unprecedented measures were being imposed in the national capital. “221 CAPF companies…10 detention centres being prepared…trains to be regulated…OYO hotels asked to not take fresh bookings…actions against YouTubers…media asked to carry IDs…Delhi police issuing advisory not to participate in protest..” Singhvi submittedAs Justice Bagchi said “Suppose your assembly will have 2,000 persons. we can say that they will be unarmed and will be a peaceful protest.. then we can,” Solicitor General Tushar Mehta urged the Bench to defer the final conclusion. “It will be as if the court held this on social media,” Mehta said.Earlier, the Delhi Police denied permission to the Cockroach Janata Party (CJP) to hold a protest against CEC Gyanesh Kumar at Jantar Mantar on Saturday, citing the late submission of its application and alleged violations of conditions during a previous demonstration.The police have issued prohibitory orders across the New Delhi District for Saturday, citing concerns over public safety, law and order, and traffic management.Joint Commissioner of Police Nupur Prasad said the application for the proposed protest was received on October 7, just three days before the scheduled demonstration. Under the prevailing guidelines, an application to organise an event at Jantar Mantar must be submitted at least 10 days in advance, she said.

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