Delhi High Court Scrutinizes Police’s Ban on Anti-Reservation Protest
On Thursday, the Delhi High Court rigorously questioned the Delhi Police’s decision to deny permission to the Kshatriya Karni Sena for organizing a protest at Jantar Mantar. The protest aimed to oppose reservation policies and the University Grants Commission (UGC) Regulations of 2026, focused on promoting equity in higher education institutions.
Justice Swarana Kanta Sharma, presiding over the matter, expressed concerns about the police’s outright refusal to allow the protest scheduled for September 20. The judge emphasized that instead of a complete denial, the police could have imposed specific conditions on the protesters. “You rejected it? Why? Can this kind of order be passed? Just because you are apprehending that some persons can come? How can you pass this order?” Justice Sharma questioned.
Police Justifications and Court’s Concerns
Responding to the Court, Additional Solicitor General (ASG) Chetan Sharma defended the police’s actions, stating they were in accordance with Standing Orders and guidelines from the Supreme Court. “This is a sensitive area. Others have also been consistently refused. Apart from the space factor, the amount of likes and social media dissemination and engagement are so much that it will overspill,” ASG Sharma explained.
The Court inquired whether an alternative venue could be considered for the demonstration, to which ASG Sharma indicated that the police might explore this option. He noted that a co-ordinate Bench had previously raised concerns regarding Jantar Mantar as a designated protest site, citing its impact on the central government operations.
Despite these explanations, Justice Sharma insisted on understanding why the blanket ban was necessary. “I am asking the State, how can there be a blanket ban? If you want to impose any restriction, then you please come out with them. Today, it is expected … it should have been done that if [you] want to put any restriction including the venue, then you please tell me,” she stated. The Court scheduled a follow-up hearing for September 22, granting the ASG time to return with further instructions.
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Background and Legal Proceedings
The Kshatriya Karni Sena had initially sought permission to protest on September 6 at Jantar Mantar. However, the Delhi Police declined the request on August 28, citing ongoing preparations for the BRICS Summit in Delhi as a reason. Consequently, Dr. Raj Shekhawat, president of the Kshatriya Karni Sena, petitioned the Delhi High Court against this decision. During a hearing on September 3, Justice Amit Mahajan advised the petitioner to consider rescheduling the protest. The organization subsequently chose September 20 as the new date.
On September 7, Justice Sharma directed the Delhi Police to review a fresh application for the September 20 protest and to make a decision by September 14, while allowing for conditions to be imposed on the demonstration. Following the police’s renewed denial, the Kshatriya Karni Sena returned to the High Court and also filed a petition regarding the blocking of its social media accounts.
Social Media Restrictions and Legal Arguments
Advocate Roshan Dhanai, representing Karni Sena president Raj Shekhawat, reported that the group’s accounts on Meta platforms, including Facebook, Instagram, and WhatsApp, had been suspended. “Later on they reinstated our Instagram account, but the live video on Facebook account is suspended, and our WhatsApp number is suspended,” Dhanai stated.
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Addressing the protest permission denial, Dhanai argued that the police initially seemed amenable to granting permission. However, on September 15, the police communicated apprehensions about an unexpected number of attendees, which led to their denial. Dhanai contended that Jantar Mantar is a traditional protest site where the Delhi Police has effective control.
