A.K. Sikri, J. - (1.) Writ Petition (Civil) No. 1153 of 2017, which is filed as public interest litigation under Article 32 of the Constitution of India, challenges the repeated imposition of police order under Section 144 of Code of Criminal Procedure (hereinafter referred to as the "Cr.P.C."), whereby ban is imposed by the Assistant Commissioner of Police, Sub-Division, Parliament Street, New Delhi District prohibiting the following activities without written permission in the areas known as Parliament House, North and South Block, Central Vista Lawns together with its surrounding localities and areas:- "i) The holding of any public meeting; ii) Assembly of five or more persons; iii) Carrying of fire-arms, banners, placards, lathis, spears, swords, sticks, brickbats etc. iv) Shouting of slogans; v) Making of speeches etc. vi) Processions and demonstrations; vii) Picketing or dharnas in any public place within the area specified in the Schedule and site plan appended to this order"
(2.) It is the grievance of the petitioner that though a particular order passed under Section 144 of the Cr.P.C. remains in force for a period of 60 days, simultaneously on the expiry of the said period of 60 days another order of identical nature is passed thereby banning the holding of public meetings, peaceful assembly and peaceful demonstrations by the public at large. This, according to the petitioner, is the arbitrary exercise of power which infringes the fundamental right of peaceful assembly guaranteed under Article 19(1)(b) of the Constitution of India. It is stated that by these orders virtually the entire Central Delhi area is declared a prohibited area for holding public meetings and dharnas or peaceful protests. The petitioner has, thus, sought a writ of certiorari seeking quashing of these orders passed under Section 144 of the Cr.P.C. and has also prayed for issuance of writ of mandamus or any other direction laying down the guidelines for holding public meetings, dharnas, etc. To be precise, the prayers made in the writ petition are of the following nature: "In view of the above-mentioned facts it is respectfully submitted that this Hon'ble Court may be pleased to: (a) Issue a writ of certiorari or any other direction to quash the orders dated 24.01.2017, 25.03.2017, 24.05.2017, 23.07.2017, 22.09.2017 and 31.10.2017 or any other similar orders issued earlier or subsequent to these dates by the Delhi Police vide which the entire Central Delhi/New Delhi has been declared as a prohibited area; (c) Declare that imposing a blanket ban on all assemblies in Central Delhi/New Delhi area as illegal; (d) Declare that repeated promulgation of prohibitory orders under Section 144 of Code of Criminal Procedure as illegal; and (f) Pass any other or further appropriate writs, orders, or directions as this Hon'ble Court may deem fit and proper in the interests of justice." CIVIL APPEAL NO. 862 OF 2018
(3.) Civil Appeal No. 862 of 2018, on the other hand, has laid challenge to the judgment and order passed by the National Green Tribunal, Principal Bench, New Delhi (hereinafter referred to as the "NGT") in Original Application No. 63 of 2016. This Original Application was filed by Respondent Nos. 1 to 7, who are the residents of Jantar Mantar Road. In the said Original Application they had stated that on Jantar Mantar road, particularly the stretch between the Ashoka road and Parliament street, there are residential houses where people are living for number of decades by now. This stretch on Jantar Mantar road, falling between the intersection on Ashoka Road and Parliament street, has been earmarked as residential area even under the Master Plat, 2021. the said road, houses not only residences of members of Parliament but also State Guest house of Kerala, office of Delhi Metro Corporation and offices of political parties. The grievances were that Jantar Mantar has become a ground for organizing protest by various categories of groups, political and non-political. Such protests are not temporary or transient. The protestors have rather put up tents and other arrangements where people have been staying for many months. Some of the structures have been on the site for past several years. It was also averred that the manner in which the demonstrations are held and the area occupied by the protesters are causing noise pollution and air pollution, thereby causing insurmountable and untold miseries to the residents and causing adverse health effect on the residents and their children.;