Delhi High Court begins hearing petitions by Atishi Marlena and Raghav Chadha for permission to stage a protest outside the residence of LG Delhi and Home Minister Amit Shah.
There are two petitions for two requests. One is for outside the house of the Minister and other is for outside the house of the Lieutenant Governor: @satvikvarma
Varma refers to the Supreme Court order on protests in residential areas.
It is not correct to say that it applies to all residential areas: Varma
It says don't allow in residential areas. Read the last para: Justice Navin Chawla
Varma urges the court to read the judgement.
The genesis is Jantar Mantar : Varma
Varma reads the judgement.
This pertains.. limited to Jantar Mantar: Varma continues to read.
Para 70 is very specific. Read it : Court
It is not a general rule. It is only limited to the three areas before court. I have an SC order passed yesterday. Please see the Delhi police standing order : Varma
Varma reads the standing order on guidelines for staging protests at Central Vista, Jantar Mantar etc.
Varma refers to the order passed by Surpreme Court yesterday in #FarmersProtests case.
The farmers protests are not at Ramlila or Jantar Mantar: Varma
Their ground is COVID. I'm reading a statement of one of the members of NITI Ayog (on following COVID 19 protocol at protests): Varma
There is an alleged discrepancy in North MCD. We wish to demonstrate that. We are a handful of people: Varma
DDMA notification of 28/11/2020 makes a reference to a home ministry order of 25/11/2020 which allows political (activities) : Varma
There has been gradual opening up. Political congregation are allowed : Varma
I'm requesting that for a limited period, deal with me in parity with what everyone in the city is doing. I'm not saying 100 people. No tents, no loudspeakers: Varma
Varma refers to the orders passed by authorities from time to time in relation to permissible activities.
I'm willing to abide by all #Covid_19 precautions and norms: Varma
Court asks what the prohibited activities are for the present time.
Varma reiterates that political activities are not prohibited.
Unless prohibited, they are allowed : Varma
What were the prohibited activities which have been ordered to be in status quo till December 31: Court
What is the DDMA order ?: Court
Court observes that the DDMA order is only on opening of offices.
Court takes up another petiton.
Petitioner states that Police has rejected his request for protest at Jantar Mantar over the plight of farmers.
Adv Gautam Narayan for @DelhiPolice says there is a DDMA order.
Cut this whole thing short. Is it allowed or is it not: Court
It's not allowed: Narayan
State it on affidavit why you don't allow protests. We'll have it in January: Court
Narayan states that he is ready with the answers today itself.
Confusion is that there are two DDMA orders. What is annexed is (in Atishi's Petition) .. it deals with PSUs etc. The correct document is annexed in the other petiton: Narayan
Narayan takes the court through the various orders passed by the authorities.
My instructions are .. in Delhi, no political gathering on any kind is permissible. Rejection is based on this: Narayan
The second aspect is the Supreme Court judgement. The court may have just one sentence from the judgement: Narayan
The prohibition applies across the city and not just one road: Narayan
I also agree that it applies to the entire city : Court
What this judgement says and we've carried is that there are only two designated spots for protests. In these two, conditions have to be complied with. Apart from these two, there cannot be any protest in any residential area. That is our understanding: Narayan
Anything apart from Jantar Mantar and Ramlila maidan is not permissible: Narayan
Today there is a DDMA order that prohibits such activities in Delhi. Unless you challenge the DDMA order, how do I grant you the relief .. : Court tells petitioner seeking permission to protest at Jantar Mantar.
Pubs are open, cinema halls are open. Only my democratic right is not allowed : Adv for the petitoner
Then you challenge the order : Court
In the absence of challenge to DDMA order, how do I allow it : Court asks Varma
The DDMA order is applicable till November : Varma
That has been extended. The problem is that you have the wrong order : Court
MHA has allowed political activities in October: Varma
Varma takes the court through various orders.
Mr Narayan's statement be recorded. Let him file his reply: Varma
You are just wasting your time. He will say the same thing in the reply : Court
Court issues notice in petitions by Atishi Marlena and Raghav Chadha.
Court records that Delhi Police places reliance on DDMA order dated 28/11/2020 and submits that political activities in Delhi are prohibited till December 31, 2020 and thus the permission to hold a protest cannot be granted.
Hearing over.
Matter to be heard next on January 14.
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The e-inauguration of the Mega e-Lok-Adalat in Karnataka will begin shortly. It is organized by Karnataka State Legal Services Authority and High Court Legal Services Committee.