The Delhi High Court declined Kshatriya Karni Sena's plea for an immediate nod to its protest at Jantar Mantar on September 6. Citing the absence of police, the court suggested the group change the date and listed the matter for Monday.
No Immediate Relief Without Hearing Police
“What is so sacrosanct about the date? You can change the date also. Police is not agreeing on a particular date, then you can change the date. What’s the big deal? What can I do now? I cannot give you permission without hearing them,” Justice Amit Mahajan said orally.
The matter was originally listed before Justice Swarana Kanta Sharma. However, since the Bench was on leave, the petition was taken up by Justice Mahajan.
Counsel appearing for the petitioner cited urgency, pointing out that the proposed protest was scheduled for September 6. The Court, however, said that no order could be passed in the absence of the Delhi Police, whose decision refusing permission is under challenge.
The Court observed that the police was a necessary party to the dispute and suggested that the petitioner could consider holding the protest on another date. “You change the date of the protest. It’s okay…. What is so sacrosanct about the date?” the Court remarked. As counsel for the petitioner submitted that the organisation could consider changing the date of the protest, the Court directed that the matter be listed before the roster bench on Monday.
Protest Planned Over Reservation Policy
The petition has been filed by Dr Raj Shekhawat, head of the Kshatriya Karni Sena, challenging the Delhi Police’s August 28 communication refusing permission to hold a peaceful demonstration at Jantar Mantar. According to the plea, the proposed demonstration was intended to raise concerns over reservation policies and the University Grants Commission (UGC) regulations.
Police Refusal Challenged as 'Legally Unsustainable'
The petitioner stated that an application seeking permission was submitted on August 27. The organisation had undertaken to comply with all lawful directions and reasonable conditions that may be imposed by the authorities. However, the request was rejected the following day.
According to the petition, the impugned communication cited ongoing preparations for the BRICS Summit-2026, strengthening of security arrangements, and concerns relating to law and order and traffic as reasons for refusing permission.
Shekhawat has challenged the decision as legally unsustainable, contending that the BRICS Summit is scheduled to be held on September 12 and 13 at Bharat Mandapam, while the proposed demonstration was scheduled for September 6. The plea also emphasises that the two locations are geographically distinct and that the proposed programme would not involve movement towards any BRICS-related venue or security route.
“More importantly, Jantar Mantar and Bharat Mandapam are geographically distinct locations, and the Petitioners’ proposed programme does not involve any march, procession or movement towards Bharat Mandapam or towards any BRICS-related venue or security route,” the plea states.
The petitioners have further offered an undertaking that the protest would not interfere with the security arrangements for the BRICS Summit. “The Petitioners are willing to expressly undertake that no procession shall be taken out from Jantar Mantar and no participant shall move towards Bharat Mandapam or any protected/security route connected with the Summit,” the plea adds.
The petitioners have also expressed their willingness to comply with reasonable conditions concerning the number of participants, timing, sound amplification, banners and placards, traffic management, security arrangements and peaceful dispersal.
Advocates Himanshu Sharma, Abhishek Tyagi and Roshan Dhanai appeared for the petitioners. (ANI)
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