MAZDOOR KISAN SHAKTI SANGATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) Writ Petition (Civil) No. 1153 of 2017, which is filed as public interest litigation under Article 32 of the Constitution of India, challenges the repeated imposition of police order under Section 144 of Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C."), whereby ban is imposed by the Assistant Commissioner of Police, Sub-Division, Parliament Street, New Delhi District prohibiting the following activities without written permission in the areas known as Parliament House, North and South Block, Central Vista Lawns together with its surrounding localities and areas:-

(2.) It is the grievance of the petitioner that though a particular order passed under Section 144 of the Cr.P.C. remains in force for a period of 60 days, simultaneously on the expiry of the said period of 60 days another order of identical nature is passed thereby banning the holding of public meetings, peaceful assembly and peaceful demonstrations by the public at large. This, according to the petitioner, is the arbitrary exercise of power which infringes the fundamental right of peaceful assembly guaranteed under Article 19(1)(b) of the Constitution of India. It is stated that by these orders virtually the entire Central Delhi area is declared a prohibited area for holding public meetings and dharnas or peaceful protests. The petitioner has, thus, sought a writ of certiorari seeking quashing of these orders passed under Section 144 of the Cr.P.C. and has also prayed for issuance of writ of mandamus or any other direction laying down the guidelines for holding public meetings, dharnas, etc. To be precise, the prayers made in the writ petition are of the following nature:

(3.) Civil Appeal No. 862 of 2018, on the other hand, has laid challenge to the judgment and order passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter referred to as the "NGT") in Original Application No. 63 of 2016. This Original Application was filed by Respondent Nos. 1 to 7, who are the residents of Jantar Mantar Road. In the said Original Application they had stated that on Jantar Mantar road, particularly the stretch between the Ashoka road and Parliament street, there are residential houses where people are living for number of decades by now. This stretch on Jantar Mantar road, falling between the intersection on Ashoka Road and Parliament street, has been earmarked as residential area even under the Master Plat, 2021. the said road, houses not only residences of members of Parliament but also State Guest house of Kerala, office of Delhi Metro Corporation and offices of political parties. The grievances were that Jantar Mantar has become a ground for organizing protest by various categories of groups, political and non-political. Such protests are not temporary or transient. The protestors have rather put up tents and other arrangements where people have been staying for many months. Some of the structures have been on the site for past several years. It was also averred that the manner in which the demonstrations are held and the area occupied by the protesters are causing noise pollution and air pollution, thereby causing insurmountable and untold miseries to the residents and causing adverse health effect on the residents and their children.