Supreme Court Acknowledges Withdrawal Of Prohibitory Orders Amid Navratri Festivities

In a significant development on Thursday, the Centre informed the Supreme Court that the Delhi Police have lifted the prohibitory orders that restricted public gatherings in the national capital.

Solicitor General Tushar Mehta announced this during a hearing led by Chief Justice DY Chandrachud, following a plea challenging these restrictions.

Senior advocate Menaka Guruswamy, representing the petitioner, argued for the urgent listing of the case, highlighting the adverse effects of the orders during the festive season.

She stated, “The Commissioner prohibits gatherings of five or more persons. This impacts the city. Navratri season is on, Dussehra is on, and Ramleela cannot take place. Devotees come from Haryana and Uttar Pradesh.”

Chief Justice Chandrachud confirmed the Solicitor General’s assertion that the prohibitory order had lifted, a move welcomed by many who feared the impact of such restrictions on religious celebrations.

SG Mehta added that the Chief Justice of the Delhi High Court would discuss related matters later that day.

A public interest litigation filed before the Supreme Court sought to annul the September 30 order issued by the Commissioner of Police.

This order, enacted under Section 163 of the Bhartiya Nagarik Suraksha Sanhita, 2023 – akin to the former Section 144 of the Criminal Procedure Code – restricted gatherings across New Delhi, including areas along state borders, until 5 October.

The plea, brought forth by the priest of the renowned Kalkaji temple, emphasized that the prohibitory order jeopardized longstanding traditions and festivities that are crucial to the local community.

“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 asserted.

Prateek Chadha Petitions Against Prohibitory Orders Violating Religious Rights

Filed by advocate Prateek Chadha, the petition argued that the prohibitory orders infringe upon the constitutional rights of citizens to celebrate religious events, citing violations of Articles 14, 19, 21, and 25 of the Constitution of India.

The petitioner expressed that the actions taken by the authorities were unnecessary, illegal, and not based on any urgent public safety concerns, as mandated by Section 163 of the Bhartiya Nagarik Suraksha Sanhita.

Under the previously enforced Section 163 order, authorities prohibited gatherings of five or more unauthorized persons and restricted carrying firearms, banners, and placards, along with any form of protest in public areas.

The Supreme Court’s recognition of the withdrawal of these orders comes as a relief to many in the capital who are eager to participate in the upcoming festivities, ensuring that traditional celebrations can proceed without legal hindrance.

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