New Delhi, Oct 2 (IANS): A public interest litigation has been filed before the Supreme Court challenging the prohibitory orders issued by Delhi Police.
The plea seeks quashing of the order passed on September 30 by the Commissioner of Police under Section 163 of the Bhartiya Nagarik Suraksha Sanhita, 2023, equivalent to erstwhile Section 144 of the CrPC, in the districts of New Delhi, North and Central, as well as on all state borders of Delhi till October 5.
During this period, there is a prohibition on the assembly of five or more unauthorised persons, carrying of firearms, banners, placards, lathis and so on, 'picketing or dharnas in public areas.
The plea filed by the priest of the famous Kalkaji temple said that in light of the prohibitory order passed by the Delhi Police, the "commencement of festivities across the city and long-standing traditions observed by innumerable residents of Delhi is in jeopardy for no constitutionally valid reason".
"Given that the highly religiously significant period of the Navratas begins on October 3, any assemblies to celebrate the festivities in the notified areas will be adversely affected," it added.
The plea, filed through advocate Prateek Chadha, said that the impugned orders will have a chilling effect on the rights of the petitioner as well as those of many other citizens who are celebrating the Navratas in these areas under Articles 14, 19, 21 and 25 of the Constitution of India.
"The petitioner is constrained to file the instant writ petition on account of the wholly illegal, perverse, and unnecessary action of the respondent (authorities) while promulgating the order, since the same is not on account of any urgent nuisance, apprehended danger, or other public safety concerns that Section 163 of BNSS requires," contended the petition.
Climate activist Sonam Wangchuk, while marching to Rajghat to pay tribute to Mahatma Gandhi, was detained on Monday night by the Delhi Police at the city’s Singhu border for violating prohibitory orders. The activist, along with his supporters, headed to the national capital to demand Sixth Schedule Status for Ladakh, and granting law-making powers to the local population to protect their land and cultural identity. The VI Schedule of the Indian Constitution provides special protections and autonomy to certain tribal areas in India. It helps preserve their culture and manage their resources.