Delhi Police have told the Supreme Court that the decision to de-notify Jantar Mantar as a designated protest site was taken independently, after factoring in changed ground realities, public safety concerns, and the recommendations of a committee formed by the Ministry of Home Affairs (MHA). The affidavit, filed on 3 November 2026, pushes back against a petition challenging the move and explicitly argues that the decision predated the court's 9 October order.

What the Affidavit Says

Delhi Police Commissioner Anurag Kumar, in a counter affidavit before the apex court, stated that the proposal to shift the designated protest venue had been under consideration by the Central government for a considerable period before the Supreme Court passed its October directive. The MHA had constituted a committee on 26 August 2026 to examine the suitability of continuing Jantar Mantar as a protest site and to identify alternative venues. The committee's report was received in September and forwarded to the Commissioner on 14 September 2026.

'The decision to denotify Jantar Mantar as the designated site for protests was taken by me after due consideration of the relevant factors and criteria relevant for such decision making, and upon consideration of the recommendations of the Committee constituted by the Ministry of Home Affairs,' the affidavit stated.

Ground Realities Behind the Decision

The affidavit described Jantar Mantar as a public road rather than a conventional protest site, noting it witnessed more than 1,300 protests and demonstrations annually. This frequency, officials argued, repeatedly blocked emergency services including ambulances and fire brigades. The venue's assessed maximum capacity stands at approximately 1,500 people, yet the number of protesters on 20 July 2026 had far exceeded that figure, raising concerns over a possible stampede and disruption in Janpath and Connaught Place.

The Commissioner also highlighted that 78 foreign embassies, diplomatic missions and offices of international organisations are situated within a 3–4 km radius of Jantar Mantar. Additionally, 99 Central government offices, ministries and autonomous bodies — including the Reserve Bank of India (RBI) — are located in the vicinity, with a combined daily footfall of approximately 1.46 lakh people. Traffic congestion from protests was also said to disrupt Ram Manohar Lohia Hospital, impeding patient movement and ambulance access.

Alternative Sites Proposed

The MHA committee unanimously concluded that Jantar Mantar Road was no longer a suitable protest venue. It recommended three alternatives: Ramlila Maidan in Central Delhi, CBD Ground in East Delhi, and Burari Ground in North-West Delhi. These sites were identified after assessing public safety, law and order, traffic management, emergency response requirements, and the need to protect vital installations.

Legal Position of Delhi Police

Delhi Police argued before the court that the right to protest must be balanced against the rights of other citizens — including their right to earn a livelihood, conduct business, and move freely within the national capital. The affidavit stated that 'the petitioners cannot claim any vested right to insist upon a particular site for the purpose of exercising their right to protest.' The force urged the Supreme Court not to interfere, framing the de-notification as an administrative and executive measure taken in the larger public interest.

This comes amid a broader national conversation about the regulation of protest spaces in central Delhi — a tension that has persisted since the Supreme Court's 2018 order directing authorities to devise a mechanism for regulating demonstrations at Jantar Mantar Road. How the court rules on the petition will likely set a precedent for how India's most symbolically significant protest corridor is governed going forward.