Cockroach Janta Party (CJP) leaders Saurav Das and Ashutosh Ranka were placed in five days of judicial custody and lodged in Tihar Jail on Wednesday for allegedly violating their peace bonds and trespassing at Jantar Mantar, which has been removed from the list of designated protest sites.
The action drew criticism from opposition leaders. AAP supremo Arvind Kejriwal described it as “absolutely ridiculous”, while Congress MP Rahul Gandhi said Jantar Mantar belongs to the people of India and promised to reclaim it.
What is prohibited at Jantar Mantar
People who return to Jantar Mantar to hold demonstrations, assemble crowds, deliver speeches or provoke public unrest may face legal proceedings. Unauthorised protests at Jantar Mantar or other restricted locations in Delhi can also make securing bail more difficult.
Before the site was removed from the designated protest-site list, organisers had to obtain a written no-objection certificate from the deputy commissioner of police (DCP) of the New Delhi district. The application was required to mention the proposed number of participants and the duration of the demonstration.
As Jantar Mantar is now covered by prohibitory orders, activities including protests, sloganeering and burning effigies are restricted. Institutions, organisations and groups that demonstrate without written police permission may face legal action.
Depending on the nature and seriousness of the offence, assembling a crowd without permission can result in detention, fines and imprisonment ranging from six months to five years.
Provisions governing restricted gatherings
Under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), which replaced Section 144 of the Code of Criminal Procedure (CrPC), police can impose prohibitory orders. These orders may bar gatherings of five or more people in specified areas, including sensitive locations near Jantar Mantar.
Police may direct a crowd to disperse. Those who refuse to follow the order can be removed or detained, and further legal proceedings may be initiated.
Consequences of disobeying orders
Failure to follow a lawful direction issued by a public servant can attract action under Section 223 of the Bharatiya Nyaya Sanhita (BNS), which replaced Section 188 of the Indian Penal Code (IPC). Depending on the violation and its consequences, the punishment may include imprisonment, a fine or both.
If a demonstration becomes violent or obstructs government work, it may be classified as an unlawful assembly depending on the circumstances. Section 189 of the BNS, replacing Section 143 of the IPC, provides for imprisonment of up to six months, a fine or both. When members of the assembly carry deadly weapons, the prison term can extend to two years.
Action for obstructing or assaulting police
Protesters who confront police personnel, break barricades or prevent officers from carrying out their duties may be booked under applicable provisions of the BNS. Section 221 covers obstruction of a public servant while performing public functions and provides for up to three months in prison, a fine or both.
Assaulting police personnel or using criminal force against them can lead to more serious charges. Depending on the circumstances, such an offence may be non-bailable and carry imprisonment of up to five years.
Damage to public property
Damage to buses, barricades or other government property during a protest can lead to a case under the Prevention of Damage to Public Property Act. Certain offences under the law carry imprisonment of up to five years, and those found responsible may also be directed to compensate for the loss.
What can happen when a protest is stopped
Police may detain protesters and transport them by bus to another location, including a stadium or police facility, before releasing them later. In more serious cases, an FIR may be registered against organisers and key participants.
Organisations whose members breach protest restrictions may also face increased scrutiny when applying for permission to hold future demonstrations in Delhi.
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