Delhi Police's Prohibitory Order Against Gatherings Withdrawn, Solicitor General Tells Supreme Court

The Solicitor General of India, Tushar Mehta today (October 3) informed the Supreme Court that the order of Delhi Police Commissioner prohibiting public gatherings beyond 5 or more persons from September 30 to October 5 has been withdrawn. 

The SG made this statement before the bench of CJI DY Chandrachud and Justices JB Pardiwala and Manoj Mishra in response to an urgent mentioning of a plea challenging the said order. 

Senior Advocate Dr Menaka Guruswamy mentioned the plea filed by a Priest of the Kalkaji Temple challenging the Delhi Police order of September 30. The Senior counsel stressed that the order would be operative till October 5 as per her instructions and would impact the ongoing Navratri season's festivities and Ram Leela performances 

"This impacts the city right because the Navratri Season is on, Dusshera is on, Ram Leela - Durga Puja festivities cannot take place," Guruswamy said.

The CJI reverted, " The SG says that the order by Police has been withdrawn" . 

The SG added that the Delhi High Court was also considering a similar petition.

The petitioner before the Supreme Court was Sunil, a priest of the Kalkaji temple and the Secretary of the Manas Naman Sewa Society, which organises the grand Ramlila fair at the Satpula Ground in Chirag Delhi. The petitioner stated that the Ramlila festivities, which were scheduled to commence on October 3, cannot happen due to the Delhi Police's order.

The petitioner pointed out that the religiously significant period of Navratas begins on October 3, during which period several religious gatherings and festivities take place traditionally. The petitioner also pointed out that Dusshera and Navratri are around the corner. However, the Delhi Police's prohibitory order will prevent such festivals and religious gatherings.

It was on September 30 that the Delhi Police Commissioner Sanjay Arora issued the order, invoking the powers under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) prohibiting in the Districts of New Delhi, North and Central and in all police stations having territorial jurisdiction over the borders of Delhi for a period of 6 days from September 30 to October 5 (i) assembly of five or more unauthorised persons, (ii) carrying of fire-arms, banners, placards, lathis, spears, swords, sticks brickbats etc, (iii) picketing or dharnas in any public area etc. The Police Commissioner stated that the general atmosphere in Delhi was "sensitive" from a law and order point of view in view of the proposed Waqf Amendment Bill, MCD Standing Committee election issue, DUSU elections, and calls made by various organizations for protests. The police also cited the impending elections in J&K and Haryana.