HC asks AAP, how can ruling party seek permission to protest amid Section 144 prohibition?

The Delhi High Court on Friday asked the AAP how could a “ruling” political party seek permission to hold protests in the national capital when prohibitory orders against gatherings were in place in view of the ongoing farmers’ protests.

Justice Subramaniam Prasad on a plea by the Aam Aadmi Party (AAP) challenging the police’s refusal to allow a “peaceful protest” by 800 people at Jantar Mantar on February 25 regarding allegedly inflated water bills. During the hearing, he said that if the party is allowed then there will be a flood of other such applications.

“When P2 (an order under section 144 of CrPC) exists, how can a ruling party come (for permission)? P2 is there and you, as the government or as a party, are the government. , (permission) cannot be granted,” the judge said.

“The floodgates will open if you are allowed to do so,” he said.

The senior counsel appearing in the case on behalf of the petitioner said that even after the Section 144 order, thousands of people were allowed to hold a gathering and a political party was also allowed with “much fanfare”.

“We are going to hold a peaceful protest with only 800 people within a limited area on Sunday,” the senior lawyer said.

“Some restrictions have been imposed to prevent movement across the borders. So this is not going to happen at any cost… We are not going to do any agitation for these organisations,” he said.

However, AAP’s counsel withdrew the plea after the court said it would give time till Monday to the police counsel to take instructions.

Earlier this month, the AAP had said it would launch a protest against officials over increased water bills and obstruction of the proposed one-time settlement scheme aimed at addressing the issue.