CJP’s proposed march on Sep 5 an attempt to create lawlessness before Brics: PIL in SC

NEW DELHI: The Supreme Court on Monday refused to pass any interim orders on two PILs, including one by a retired police officer, seeking deferment of Cockroach Janata Party ‘s proposed march on Sep 5 by alleging that it is intended to create lawlessness ahead of Sep 12-13 BRICS summit in Delhi to deter participation of world leaders.When the petitioners questioned how such a march from the India Gate to the Police Headquarters can take place without permission, A bench of Chief Justice Surya Kant, and Justices Joymalya Bagchi and V Mohana said there are two issues – one relates to law and order and the other to policy relating to permission to protest marches.“Let the stakeholders talk to them. As of now we have no reason to doubt that everyone would act and behave in a very responsible manner and in a peaceful and lawful manner. Right now, there is no compelling reason for us (the court) to presume that any wrong will happen. It is for the law enforcing agencies to ensure law and order while acting in accordance with law,” the CJI-led bench said.Appearing for one of the petitioners, advocate Syed Rizwan Ahmed said given the BRICS summit, till date no application seeking permission has been given to the authorities. In West Bengal, the previous govt did not give permission to so many protest rallies and the organizers had to move the HC for permission. Why does CJP, an unregistered entity not follow the same process? Are they above law, he asked.“God forbid another mishap, may not be by CJP, but by some mischievous elements take place, it will be covered by international media and deter participation of the foreign country leaders in BRICs,” he apprehended.The bench said, “All these factors are to be considered by some other quarters, not by us. There is nothing we can say right now. If something untoward or alarming happens, then file an application before us, provided the issue falls for determination in judicial domain.”The bench issued notice to the Centre on the two PILs, asked them to supply copies to the SC-constituted High-Powered Committee headed by retired SC judge R Subhash Reddy as well as the office of the solicitor general and posted these for hearing on Sep 10 along with petitions on July 20 incidents during protest march to Parliament, which turned violent resulting in alleged police excesses, injuries to protesters and security personnel and damage to public and private properties.When Ahmed asked whether CJP is above law and its processes, the bench said, “These are issues which are to be taken care of by the law and order enforcing agencies. It is their responsibility to maintain law and order. We expect both sides – protesters and law enforcing agencies - to respect, honour and follow the law of the land.”SC said it has referred a host of issues to the HPC, which is expected to give recommendations one after the other on them. When Ahmed persisted for a hearing on Sep 3 ahead of the proposed march, the bench said the petitioner must approach the Centre and Delhi police on the issue of absence of permission for the march. “Let them consider it,” it said.“There is no organized or identified group before us so that we can request them,” the bench said. Ahmed said that is another problem as CJP has no registered office where notice can be served. Can such an unorganized body hold the capital of the country to ransom, he asked.Get the latest India News and Live updates. Download the TOI app.