The Centre informed the Supreme Court that Delhi Police’s prohibitory orders have been revoked, according to Solicitor General Tushar Mehta’s statement on Thursday. The announcement was made during a session led by Chief Justice of India D.Y. Chandrachud, after senior advocate Menaka Guruswamy urgently highlighted a plea contesting the orders. Guruswamy argued that these restrictions, which banned gatherings of five or more people, disrupted significant festive events like Navratri, Dussehra, and Ramleela, and affected devotees traveling from neighboring states Haryana and Uttar Pradesh.
Chief Justice Chandrachud confirmed Mehta’s statement that the Commissioner of Police’s order was retracted. Meanwhile, related cases are scheduled in the Delhi High Court on the same day. Guruswamy sought an official record of the solicitor general’s declaration, emphasizing how the orders, rooted in Section 163 of the Bhartiya Nagarik Suraksha Sanhita, 2023, akin to the former Section 144 of the CrPC, were detrimental, especially during a festive period.
A public interest litigation was filed by a priest from Kalkaji Temple, arguing that the prohibitory orders threatened longstanding cultural traditions without constitutional justification. With Navratri beginning on October 3, the orders risked infringing on constitutional rights under Articles 14, 19, 21, and 25, by hindering celebrations and religious practices. Filed by advocate Prateek Chadha, the petition stated that the restrictions were not based on any imminent threat or public safety issues, thus questioning their necessity and legality.
Section 163 had imposed a ban on unauthorized assemblies of five or more people and activities like carrying firearms and staging protests. The plea sought the quashing of this order, issued on September 30, which affected New Delhi, North and Central districts, and all Delhi state borders until October 5.
Original Story https://theshillongtimes.com/2024/10/03/delhi-police-have-withdrawn-prohibitory-orders-centre-tells-sc/
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