Delhi HC questions blanket ban on Karni Sena's Jantar Mantar protest on Sep 20

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Delhi HC questions blanket ban on Karni Sena's Jantar Mantar protest on Sep 20

Synopsis

The Delhi High Court has put Delhi Police on the spot over its blanket denial of permission to the Kshatriya Karni Sena's planned protest at Jantar Mantar on 20 September — asking pointedly how an outright ban can be justified when targeted conditions were available. With the next hearing set for 22 September and an alternative venue under consideration, the case tests the limits of executive discretion over the right to peaceful assembly.

Key Takeaways

Delhi High Court on 17 September questioned Delhi Police 's outright denial of permission to Kshatriya Karni Sena for a protest at Jantar Mantar on 20 September .
Justice Swarana Kanta Sharma asked how a blanket ban could be justified when targeted restrictions were available.
Delhi Police , through ASG Chetan Sharma , cited Supreme Court Standing Orders and said Jantar Mantar is a sensitive area with social media overspill concerns.
Permission was initially granted, then withdrawn via a letter on 15 September ; an earlier protest on 6 September was also denied citing the BRICS Summit .
The protest is against reservation and the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026 .
The matter is next listed for hearing on 22 September , with an alternative venue under consideration.

The Delhi High Court on Thursday, 17 September 2026, sharply questioned the Delhi Police's decision to deny permission to the Kshatriya Karni Sena for a protest against reservation and the University Grants Commission (UGC) regulations at Jantar Mantar on 20 September, observing that targeted restrictions or conditions should have been considered instead of an outright refusal.

What the Court Said

A single-judge Bench of Justice Swarana Kanta Sharma challenged the rationale behind the police's decision, particularly its concern that more people than permitted could join the demonstration. 'Just because you apprehend that some people will come... How can you refuse them?' the court orally observed during the hearing.

Justice Sharma pressed further: 'I am asking the State (Delhi Police), how can there be a blanket ban? If you want to put any restriction, then you please come out with them.' The court also asked the police to explore whether the protest could be held at an alternative venue.

Delhi Police's Defence

Additional Solicitor General (ASG) Chetan Sharma, appearing for the Delhi Police, submitted that the denial was in line with Supreme Court Standing Orders and guidelines regulating public protests. He added that Jantar Mantar is designated a sensitive area and that similar permissions had been denied to other organisations as well.

Explaining the apprehension behind the decision, ASG Sharma told the court: 'The amount of likes and social media dissemination is so much, the executive thinks it will overspill.' He subsequently indicated that instructions on the possibility of an alternative venue could be obtained, following which the court listed the matter for further hearing on 22 September.

Background and Earlier Denial

Counsel for Kshatriya Karni Sena President Dr Raj Shekhawat informed the court that while permission had initially been granted for the 20 September protest, the police issued a letter on 15 September withdrawing that permission. This follows an earlier denial for a protest originally proposed for 6 September, which the police had refused citing preparations for the BRICS Summit.

On 7 September, Justice Sharma had directed the Delhi Police to decide by 14 September on a fresh application for the demonstration, clarifying that appropriate conditions could be imposed in accordance with law.

What Karni Sena Is Protesting

The Kshatriya Karni Sena has sought permission to hold the protest at Jantar Mantar from 10 am to 5 pm on 20 September, demanding the withdrawal of the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026. The organisation has also relied upon a Supreme Court order in which certain provisions of the regulations were kept in abeyance after the apex court noted ambiguities and the possibility of misuse.

What Happens Next

The Delhi High Court will take up the matter again on 22 September, by which point the Delhi Police is expected to present its position on whether an alternative venue could be offered for the demonstration. The court's pointed observations signal that a blanket refusal, unsupported by specific, proportionate restrictions, may not withstand judicial scrutiny.

Point of View

Rather than doing the harder work of crafting proportionate, condition-based permissions. Using social media 'likes' as a proxy for crowd-risk is a novel and legally shaky standard — one that, if allowed to stand, could become a template for pre-emptive suppression of any digitally mobilised demonstration. The fact that permission was first granted and then withdrawn days before the event adds a procedural dimension the court is unlikely to ignore on 22 September.
NationPress
17 Sept 2026

Frequently Asked Questions

Why did the Delhi High Court question the denial of permission to Karni Sena?
The Delhi High Court questioned the denial because it found a blanket refusal disproportionate when targeted restrictions or conditions — including a change of venue — could have been imposed instead. Justice Swarana Kanta Sharma asked the police how it could refuse permission merely on the apprehension that more people than permitted might turn up.
What is the Kshatriya Karni Sena protesting against?
The Kshatriya Karni Sena wants to protest against reservation policies and the UGC (Promotion of Equity in Higher Education Institutions) Regulations, 2026. The organisation has demanded withdrawal of these regulations and has cited a Supreme Court order that kept certain provisions in abeyance due to noted ambiguities and risk of misuse.
Why did the Delhi Police deny permission for the September 20 protest?
Delhi Police cited Supreme Court Standing Orders on regulating protests, designated Jantar Mantar as a sensitive area, and expressed concern about social media dissemination suggesting the crowd could 'overspill' beyond permitted numbers. The police also noted that permission had been denied to other organisations at the same venue.
What will happen at the next hearing on September 22?
At the hearing on 22 September, the Delhi Police is expected to present its position on whether an alternative venue can be offered for the Kshatriya Karni Sena's demonstration. The court may also consider whether the blanket denial can stand given the absence of specific, proportionate restrictions.
Has Karni Sena been denied permission before this?
Yes. The Delhi Police had earlier denied the Kshatriya Karni Sena permission for a protest originally planned for 6 September, citing preparations for the BRICS Summit. The organisation subsequently applied for a fresh date of 20 September, which was initially approved before being withdrawn on 15 September.
Nation Press
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