Government Agrees to Explore Alternate Protest Sites in Delhi as Supreme Court Directs Lifting of Delhi Transit Bans

The Centre agreed in the Supreme Court on Friday to consider designating open alternative venues outside Jantar Mantar for peaceful public demonstrations, following strong interventions by the bench and senior counsel against city-wide transit shutdowns that paralyse normal life across the national capital.

A three-judge bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohana pressed the government during an urgent hearing on sweeping train and metro curbs imposed ahead of an October 10 protest. The crucial exchange over protest grounds emerged when senior advocates Kapil Sibal and Prashant Bhushan challenged the administrative practice of denying rally permissions at central locations while offering no alternative space for citizens to exercise their fundamental rights.

Bhushan and Sibal Highlight Denial of Ramlila Maidan

Senior advocates Prashant Bhushan and Kapil Sibal told the bench that historical grounds like Ramlila Maidan were systematically taken away from the public through police restrictions. Counsel pointed out that when Delhi Police denied permission for demonstrations at Jantar Mantar, authorities consistently failed to offer Ramlila Maidan or any other open ground as a viable alternative.

"When the police refused permission for Jantar Mantar, why did they not give an alternative at Ramlila Maidan?" Bhushan asked the court, arguing that denying permissions without assigning alternative grounds leaves citizens with no lawful avenue to assemble, ultimately triggering administrative panic and blanket travel curbs.

CJI Terms Jantar Mantar Overcrowded and Unsuitable

Concurring with the concerns raised by senior counsel, Chief Justice Surya Kant delivered a critical assessment of Jantar Mantar's infrastructure, observing that the narrow stretch in central Delhi can no longer handle mass gatherings.

"Jantar Mantar lacks basic infrastructure. It is cramped, overcrowded, and lacks fundamental amenities like sanitation, proper toilets, and drinking water for citizens," CJI Surya Kant observed. The bench stressed that squeezing large public assemblies into cramped arterial roads creates severe logistical bottlenecks, leading to public harassment and extreme law enforcement measures.

The Chief Justice explicitly asked the Centre to identify an open, spacious site in the national capital to accommodate public gatherings safely without disrupting civic life.

Government Agrees to Alternate Grounds and Regulated Transit

Responding to the observations from the bench and senior lawyers, Solicitor General Tushar Mehta agreed to consult competent authorities to identify and allocate suitable alternative sites outside Jantar Mantar for future peaceful assemblies.

The Supreme Court formally recorded the Centre's commitment alongside binding directions to restore public transport:

• No Total Transit Bans: The bench ordered that there shall be no complete prohibition on Delhi Metro services or long-distance train movements.

• Regulated Movement: Authorities were directed to allow train operations in a suitably regulated manner, applying the principle of proportionality so that routine public life and daily commuting are not compromised.

• Mandatory Publicity: The court directed authorities to give widespread advance publicity to revised transport schedules online and in newspapers to minimise inconvenience to commuters.