The many public demonstrations across the territory of Delhi and also other parts of the country that began last December brought the police powers of regulating such demonstrations into sharp focus. The statutory powers of the police were easily traceable — the Delhi Police Act of 1978, modelled on the old Police Act of 1861 — and confer wide powers to regulate any conduct threatening public order. Additionally, there are broad powers conferred under the Criminal Procedure Code of 1973 itself.
Together with this, though, there are a host of circulars, standing orders, notifications and regulations that govern not only how the police are supposed to respond to demonstrations and protests, but also the very ability of persons to engage in such acts of speech. And this kind of regulation is well-within the sphere of legality, as things stand today.
Unfortunately, these documents are not easily accessible in the public domain, which is a serious problem that directly undermines the law by denying to persons the ability to educate themselves about what the law says, and then shape their actions accordingly. But, thanks to an RTI request, I was able to get my hands on a few of these circulars. These are, by no means, all the circulars on the subject. For instance I don't know about the contents of Circular No. 10/2018 which is mentioned in a recent Order passed under Section 144 Cr.P.C. (dated 10.01.2020) in respect of regulating any demonstrations in the area around India Gate. Nevertheless, I think these may prove useful, and I have shared them below:
1. Standing Order No. 309: This is the primary document that lays down the system for filing an application to carry out a rally / procession, and is also the source of the rule which limits the number of people at Jantar Mantar to 5,000, and provides that gatherings up to 50,000 be conducted at Ram Lila Maidan, and even larger gatherings be offered space in Burari.
2. Standing Order No. 72: This explains the manner in which police forces are supposed to manage the dispersal of unlawful assemblies, and requires that the least force be utilised. It became prominent in light of the In Re Ramlila Maidan case [(2012) 5 SCC 1].
3. Circular No. 35 of 2011 (dt. 22.06.2011): By way of this Circular, the Delhi Police updated the terms and conditions under which a protest can be organised, on the lines of orders passed by the Supreme Court as well as Delhi High Court. The terms are part of the document.
4. Circular No. 19 of 2012 (dt. 16.03.2012): This Circular communicated the guidelines passed by the Supreme Court in Ramlila Maidan for regulating protests and processions.
5. Circular No. 20 of 2012 (dt. 28.03.2012): The Police shared a new format for filing applications, updating the old one in light of orders in the Ramlila Maidan case.
6. Memo No. 15181-200 (dt. 13.05.2013): The Memo communicated Guidelines received from the Ministry of Home Affairs (vide letter dated 06.05.2013), which were a reiteration of the earlier orders passed by the Supreme Court in Destruction of Public & Private Properties v. State of A.P. [(2009) 5 SCC 212], calling upon the police to arrange for videography of incidents and making of reports.
Besides these, also see Circular No. 56 of 2011 (dt. 21.12.2011) and Circular No. 34 of 2012. These are a slap on the wrists issued by Police HQ to all districts, for not responding quickly enough to applications filed seeking permission to protest, or for not doing basic follow-up tasks after receiving an application to facilitate processing of the same.
The purpose of sharing these circulars was twofold. First, to make them available publicly, in order to better appreciate the entire process of protests / demonstrations and their regulation. And second, to push for some serious critical scrutiny of these regulations and ask whether they pass constitutional muster. I hope it helps, and encourages more folks to share resources to help further the conversation.
Thank you very much.
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