New Delhi: Without going into the controversy of which organisation should have approached which authority first, the Delhi High Court has directed the Delhi Police and Municipal Corporation of Delhi (MCD) to consider the feasibility of holding a public meeting (All India Muslim Mahapanchayat) at the Ramlila Maidan on December 18.
Justice Subramonium Prasad was hearing a plea by Mission Save Constitution (MSC), and said that its application for holding the public meeting on December 18 be treated as a representation.
“….and the Respondent No.3/MCD and the Police Authorities are directed to consider the feasibility for holding the Mahapanchayat at Ramlila Ground, Delhi on 18.12.2023,” the court said.
Last month, the court upheld Delhi Police’s decision to revoke initial permission granted to the petitioner, MSC, an organisation dedicated to promoting awareness about constitutional rights, stressing on the importance of the period of end of Shradh till Diwali, calling it extremely auspicious for people belonging to the Hindu community.
However, the court had said that it is always open to the authorities, after the festive season is over, to consider afresh the organisation’s plea for permission to hold the event.
Earlier, Delhi Police had apprised Justice Prasad that it received an application from another organisation as well for organising a programme at the Ramlila ground from December 3 to 5 and no objection certificate (NOC) has been issued for it.
Now, while the permission was initially sought for holding the public meeting on December 4, the MCD informed the court that the Ramlila Maidan is not available for the said date and the same can be allotted subject to NOC from Delhi Police.
On the other hand, the Delhi Police said that NOC was already given to Maha Tyagi Seva Sansthan for organising ‘Mahayagya for Vishwa Jan Kalyan’ at Ramlila Maidan from December 3 to 15, and therefore, the place is not available for December 4.
In response, the court said that it was not going into the controversy as to whether the Maha Tyagi Seva Sansthan should have first approached the MCD and then the police authorities or as to whether the petitioner organisation should have first approached the Police Authorities and then the MCD.
The petitioner’s counsel submitted before the judge that out of the dates given by the MCD and the police authorities, December 18 was the most convenient for holding the public meeting.
On November 22, the court had sought response from the Centre, Delhi Police and MCD on the MSC plea to hold a public meeting at the Ramlila Maidan.
The petitioner had said it is aggrieved by the pendency of a decision by the Deputy Commissioner of Police, Central district, on its application seeking NOC for organising the meeting on December 4.
After the high court had upheld Delhi Police’s decision to revoke initial permission granted to the petitioner, the latter rescheduled the event for December 4 and applied for permission to book Ramlila ground.
“The Horticulture Department of the MCD redirected the petitioner to the Delhi Police for NOC and the petitioner then submitted a request on November 13 after the conclusion of Diwali festivities,” the plea, filed through advocates Jatin Bhatt and Harshit Gahlot, says.
Delhi Police, through advocate Arun Panwar, had submitted before Justice Prasad that the application regarding NOC to organise the event on December 4 has been considered but the request could not be acceded.
He had said the Central district received an application on November 8 from Mahatyagi Sewa Sansthan for organising a programme at the Ramlila ground from December 3 to 5.
The counsel had said the NOC has already been granted to the Sansthan for December 4, so it is not feasible to entertain another application for the same date.
Earlier, Justice Prasad had refused to grant permission to the petitioner, which had initially received approval for the gathering, scheduled for October 29, after a series of meetings and clearances with Delhi Police officials.
However, the Deputy Commissioner of Police (DCP) of Central district had revoked this permission citing concerns over the event’s “communal” nature.
The organisation had alleged that the Delhi Police unilaterally and arbitrarily revoked their initial consent. The police had informed Justice Prasad that MSC allegedly misled the authorities when seeking permission to hold the public meeting.
The police had said that while the initial permission had been granted, it was subsequently revoked due to numerous complaints from local residents, who expressed concerns that the proposed event with expected attendance of around 10,000 people might have communal undertones.
The court had observed that the posters of the organisation showed that the event can have communal and religious overtones, and that it might increase communal tension in the Old Delhi area, which has witnessed communal tensions in the past.
Justice Prasad had said that while there is freedom to raise voice, the apprehension of the SHO of the concerned area cannot be washed away by constitutional courts for the possibility of communal tension. He had said that the organisation’s fresh plea for permission will be considered by the authorities on its own merits, subject to the organisation providing a list of speakers and an undertaking that the meeting will not cause any communal tension.
The organisation’s objective for the event is to initiate a series of gatherings focused on strengthening various marginalised communities, beginning with minority communities and extending to groups like SC, ST, and OBC.
These meetings aim to give a voice to all oppressed sections of society.
The DCP’s letter, which cancelled the previous permission, mentioned that the event’s theme had been misrepresented, and social media posts indicated a communal agenda. It raised concerns about the potential for communal tensions during the festive season and in a sensitive location like Old Delhi.
The petitioner had argued that the reasons provided for the cancellation of permission were “unfounded’ and “unreasonable”.
MSC, led by advocate Mehmood Pracha as its national convenor, aims to educate the public about their constitutional rights and improve the well-being of marginalised communities by utilising constitutional and legal provisions.
–IANS