SC to hear petition on whether AAP dharna was constitutional

The Supreme Court will today hear a petition on the dharna carried out by Delhi Chief Minister Arvind Kejriwal outside Rail Bhavan in New Delhi.

AAP carried out the dharna inside the high-security area despite prohibitory orders put in place by the Delhi Police. The petitioner has questioned whether a person holding a constitutional post could violate prohibitory orders and hold a public protest.

In an earlier statement, the Delhi CM had said, ““I read the Constitution, couldn’t find anywhere that a Chief Minister cannot hold a dharna,” when criticised for his two-day dharna outside Rail Bhavan. The CM had staged the protest to demand the suspension of four Delhi police officers who, he said, had failed to fulfill their duties.

The Supreme Court has been critical of the Delhi Police for allowing Kerjiwal and his team to protest. The SC had slammed law enforcing agencies for allowing unlawful assembly of supporters of the Chief Minister in the heart of national capital and said it disapproved of the Delhi Police inaction in permitting people to gather outside the Rail Bhavan despite prohibitory orders under Section 144 of the Code of Criminal Procedure barring assembly of five or more persons being in force.

“How did they (people) assemble when prohibitory orders under Section 144 of CrPC were clamped? Why did you let it happen in the first place when the mob is already there,” a bench comprising justices RM Lodha and Shiva Kirti Singh asked Delhi Police Commissioner BS Bassi.

The Delhi Police has to give a reply to the court on the issue today.