Supreme Court Agrees to List Plea Seeking Permission for Peaceful Protests in Delhi

The Supreme Court has agreed to list a plea seeking directions to Delhi Police to permit peaceful protests at Jantar Mantar.

What Happened

The Supreme Court on Monday, 5 October 2026, agreed to list a plea seeking directions to the Delhi Police to permit peaceful protests at Jantar Mantar and elsewhere in Delhi. The matter was mentioned before a bench headed by Chief Justice of India Surya Kant.

Counsel appearing for the petitioner submitted that Delhi Police was not permitting peaceful protests in the city, including demonstrations involving students, citizens, office-bearers of registered political parties and Members of Parliament. These were submissions made on behalf of the petitioner and have not been adjudicated by the Court.

During the mentioning, the CJI sought clarification about the relief being sought, the identity of the petitioner and whether the matter was a public interest litigation. Counsel explained that the plea sought, among other directions, an order requiring Delhi Police to permit peaceful protests.

The Court also indicated that it would check whether similar matters were already pending before it. It then agreed to list the matter for consideration. No interim order, notice or decision on the merits of the plea was reported at this stage.

Background & Context

The plea comes against the backdrop of demonstrations in Delhi concerning Chief Election Commissioner Gyanesh Kumar. LiveLaw reported that political leaders and lawyers had participated in demonstrations seeking action against him over issues concerning the functioning of the Election Commission.

The Wire has separately reported that the controversy includes pleas before the Supreme Court questioning whether key Election Commission decisions, including decisions concerning the Special Intensive Revision of electoral rolls, were taken by the CEC without the approval of the other two Election Commissioners. Those are issues raised in pending proceedings and by protesters, and this article takes no position on their merits.

Separately, the Indian Youth Congress has moved the Delhi High Court challenging the rejection of permission for a protest against the CEC at Jantar Mantar. That is a separate proceeding before a different forum and is not the Supreme Court plea reported here.

Jantar Mantar has long been used as a designated location for demonstrations and public gatherings in the capital.

Key Details

• Court/Forum: Supreme Court of India, before a bench headed by CJI Surya Kant.
• Date: 5 October 2026.
• Case: Priya Mishra v. Union of India, Diary No. 62121/2026, as reported by LiveLaw.
• Parties: Priya Mishra v. Union of India; the relief sought is directed towards the Delhi Police.
• Relief sought: Directions to permit peaceful protests at Jantar Mantar and in Delhi generally.
• Current status: The Supreme Court agreed to list the plea for consideration. No hearing date or order on the merits was confirmed in the reports reviewed.

Why It Matters

The development brings a recurring constitutional question before the Supreme Court: how the State may regulate peaceful public protest while respecting fundamental freedoms.

As general constitutional background, Article 19 protects freedoms including speech and peaceful assembly, while also permitting reasonable restrictions in constitutionally specified circumstances. The Supreme Court has previously described peaceful protest as a right traceable to Article 19(1)(a), Article 19(1)(b) and Article 19(1)(c), subject to reasonable restrictions, including those connected with public order.

That constitutional framework is useful context, but it should not be treated as an established ground of the present petition. The available reports do not establish which specific constitutional provisions have been invoked in Priya Mishra.

The day’s proceedings also illustrate the procedural significance of mentioning a matter. Counsel brought the issue to the Court’s attention, the bench sought clarification about the relief and nature of the petition, and the Court indicated that it would first check for similar pending matters before listing it. The Court has not, however, ruled on whether any restriction imposed by Delhi Police was lawful or unlawful.

For now, the important development is therefore the listing itself, not a ruling on the right to hold a particular protest. The merits remain open.

Closing

The Supreme Court’s decision to list the plea places the question of permission for peaceful protests in Delhi before the country’s highest court, but only at a preliminary procedural stage.

The petitioner seeks directions to Delhi Police concerning peaceful demonstrations at Jantar Mantar. The Court has yet to hear the merits of that request, and no conclusion has been reached on the petitioner’s claims.