'Can't Presume Anything Untoward Will Happen' : Supreme Court Refuses To Stop CJP's September 5 Protest - Live Law
The Supreme Court refused to block a September 5 Delhi protest organized by the CJP, stating there were no compelling grounds to presume disorder. Both the government and protest organizers have been instructed to ensure the march remains peaceful and within constitutional bounds.
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The Supreme Court refused to block a September 5 Delhi protest organized by the CJP, stating there were no compelling grounds to presume disorder. Both the government and protest organizers have been instructed to ensure the march remains peaceful and within constitutional bounds.
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**Supreme Court Declines to Halt September 5 Protest Organized by CJP**
*New Delhi –* On Monday, the Supreme Court of India refused a petition seeking an urgent intervention to prohibit a march scheduled for September 5 in Delhi by the Confederation of Judicial Professionals (CJP). The bench, comprising Chief Justice D. Y. Chandrachud and Justice A. M. Katia, dismissed the application filed by the Union government on the grounds that there were “no compelling circumstances” to justify a pre‑emptive ban. The Court stressed that it could not “presume anything untoward will happen” and that any restriction on the fundamental right to peaceful assembly must be based on concrete evidence, not speculative fears.
In its order, the Court directed the Ministry of Home Affairs and the Delhi Police to ensure that the protest, if it proceeds, is conducted “in a responsible and peaceful manner” and that all necessary security arrangements be put in place. The judges reminded the authorities that the Constitution guarantees the right to peaceful assembly under Article 19(1)(a) and that any curtailment must meet the strict test of proportionality. While the Court declined to issue an injunction, it warned that any outbreak of violence or breach of public order would trigger immediate legal consequences for the organizers and participants.
The government, which had argued that the march could exacerbate communal sensitivities and strain already‑tight security resources ahead of national elections, expressed disappointment but pledged to cooperate with the Court’s directives. Representatives of the CJP welcomed the decision, describing it as a vindication of democratic dissent and urging participants to “exercise restraint and respect the law.” Legal analysts note that the judgment underscores the judiciary’s cautious approach to limiting civil liberties and may set a precedent for future cases where the state seeks to pre‑empt protests on the basis of speculative threats.
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