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No blanket ban on protests at Delhi’s Jantar Mantar, Boat Club: SC (Lead)
New Delhi, July 23 (IANS) The Supreme Court on Monday said that the right to hold peaceful demonstration is a fundamental right and there cannot be any “blanket ban” on holding protests at Delhi’s historic Jantar Mantar located at the periphery of Parliament Street and the Boat Club on Rajpath.
Terming the right to peaceful demonstration a fundamental right, a bench of Justice A.K. Sikri and Justice Ashok Bhushan emphasised the need to balance between the right to protest and the security considerations including inconvenience to the residents in the area.
“Undoubtedly, holding peaceful demonstrations by the citizenry in order to air its grievances and to ensure that these grievances are heard in the relevant quarters, is its fundamental right. This right is specifically enshrined under Article 19(1)(a) and 19(1)(b) of the Constitution of India,” said Justice Sikri speaking for the bench.
The court however, said that this right was not “unlimited”.
“At the same time, a right under Article 19(1)(a) and 19(1)(b) of the Constitution are not untrammelled and unlimited in their scope. Article 19(2) to (6) make a specific provision for imposing reasonable restrictions on the exercise of such rights,” it said.
It directed that the Delhi Police in consultation with other agencies concerned to frame guidelines to regulate protests at both spots.
Directing the guidelines to be framed “very soon”, the bench also noted that as it is there was need for police permission for holding protests or demonstrations.
As far as permitting protests at Boat Club, the court said “There can be proper guidelines laying down the parameters under which permission can be granted in the Boat Club area.”
The permission to permit protest at Boat Club can be “a very restrictive and limited use, because of the sensitivities and also keeping in mind that Ramlila Maidan is available and Jantar Mantar Road in a regulated manner shall be available as well, in a couple of months.”
The court also noted the sensitivity of both Jantar Mantar and Boat Club because of its proximity to the Parliament House, North and South Blocks and other Central Government offices, which see frequent visits of heads of foreign States and other such factors.
The court also noted the submission by the government that they receive an “alarmingly large number of requests for holding demonstrations at this place” and “intelligence reports reveal that some of such demonstrations, if allowed, may cause serious law and order situation”.
To this, the court said that the authorities are also “correct to the extent” that Supreme Court has not adopted “clear and present danger test”, as is applied by the US courts, and instead it is the “apprehension of breach of peace test” which is to be used in order to decide as to whether a particular demonstration/dharna is to be allowed or not.
The court ruling came while deciding on a challenge to the green tribunal’s order prohibiting protests at Jantar Mantar and a plea by NGO Majdoor Kisan Shakti Sangathan and the Indian Ex-Servicemen’s Movement and others challenging the perennial imposition of prohibitory orders (Section 144) in the central Delhi area wherein all important government offices including Parliament House is located.
The National Green Tribunal order prohibiting protest and demonstrations at Jantar Mantar came on plea by the local residents complaining of perennial disturbance.
–IANS
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Dr. Abhishek Verma Dedicates a Shelter in Memory of His Mother, Veena Verma, at KGMU; Inaugurated by Daughter Nicolle Verma
World-renowned business tycoon Dr. Abhishek Verma has supported Foodman Vishal Singh’s Hunger-Free World mission. In memory of his mother, Late Veena Verma, who was a 3 term Rajya Sabha MP.
Dr. Verma dedicated a state-of-the-art free permanent shelter for the attendants of patients at KGMU Medical University, Lucknow, under the aegis of Vijay Shree Foundation. His daughter, Nicolle Verma, inaugurated the shelter.
During the event, Foodman Vishal Singh honored Nicolle Verma by presenting her with a memento. Mrs. Nidhi Sharma and Avantika Yadav, associated with the organization, welcomed her with garlands. Following this, Nicolle Verma distributed essential items to the attendants and also handed out fruits. She became emotional remembering her grandmother on her birth anniversary.
On this occasion, she also inaugurated the “Veena Verma Sevalaya” in memory of her grandmother, Veena Verma, to serve the attendants. She expressed, “I feel proud that my family is engaged in nation-building as well as social service. Today, in collaboration with Vijay Shree Foundation founder Foodman Vishal Singh Ji, I feel immensely proud to dedicate this shelter for the poor, helpless, and needy attendants of patients battling serious illnesses like cancer. I am honored to be associated with the Hunger-Free World Mission for humanity.”
Inspired by the continuous humanitarian service provided by Vijay Shree Foundation over the past 17 years, Nicolle Verma donated 10 lakh rupees to support the cause. The purpose of this donation is to ensure that services continue for the needy attendants of patients suffering from severe illnesses in hospitals, as facilitated by Foodman Vishal Singh.
It is noteworthy that Dr. Abhishek Verma’s family has a legacy of public and philanthropic service. They are helping millions to carry forward the values and service work of their parents. On the occasion of his mother’s birth anniversary, Dr. Abhishek Verma dedicated this state-of-the-art permanent shelter at Lucknow Medical College to serve the attendants of patients through the Vijay Shree Foundation.
Supporting Foodman Vishal Singh’s Hunger-Free World mission, Dr. Abhishek Verma assured that he would continually support keeping this flame of humanity alive. He also promised to assist in providing medicines to the helpless patients.
Continuing her grandmother’s legacy of service, Nicolle Verma personally served food to the needy patients and attendants. She said, “It is our good fortune to have received the joy of doing this noble work today through Foodman Vishal Singh. I have taken another step forward in carrying my family’s values and cooperation by joining hands with the Vijay Shree Foundation. My father taught me to serve and help the needy, and I feel happy when I bring a smile to someone’s face.”
On the birth anniversary of the late Veena Verma, the event organizer, Vijay Shree Foundation founder Foodman Vishal Singh, said, “We feel proud and happy that Dr. Abhishek Verma, a globally renowned business tycoon, has extended his support to uplift our country from the hunger index. Today, on his mother’s birth anniversary, he inaugurated a state-of-the-art permanent shelter at Lucknow Medical College, which will always be helpful for the needy attendants of patients. It is a pleasure for me and the organization to receive the affection of Mr. Verma.”
The event was attended by General Manager Verma Family Office Hemant Garg, Sonu Rajput, and the organization’s volunteers, including Sandeep Singh, Parmeshwar Ji, Prashant Rao Gautam, Balram Singh, Ramesh Chaudhary, Suman, Jeetu, Anil, Suraj, Vinay, Manish Bhadauria, Manas Mehrotra, Vivek, Apurv, Happy, and others.