“There is a lot on confusion in you petition. The prayer has to be in consonance with your plaeding. One one hand you say that there should be a designated place for such protests. At the same time, you want a ban on such protests in central Delhi,” observed Chief Justice Dipak Misra, who was hearing the plea along with and Justice Sanjiv Khanna.
While directing the petitioner to withdraw his petition the Misra said: “Why are you in a double mind? Why is the petitioner in a dual mind? You need to study well and file a fresh a petition.”
Sugriv Dubey, counsel for petitioner Abhishek Jain, then withdrew the petition.
Earlier, the petitioner said the government was adopting a pick and choose policy for allowing protests.
“A pick and choose policy is arbitrary,” said the petitioner.
He demanded there be a designated spot in the capital for holding peaceful protests.
Referring to the denial of permission for social activist Anna Hazare’s protest, the petitioner said the government had violated the fundamental rights of citizens.
The petition was filed in the wake of Hazare’s arrest Tuesday, hours before he was to begin a fast-unto-death to demand a stringent anti-graft law. He was released in the evening but refused to leave the Tihar Jail till he was permitted to continue his fast without any conditions.
The bench said: “Had you placed your prayers in the back drop of Article 21, it would have been entirely different.”
Article 21 of the constitution states that no person shall be deprived of his life or personal liberty except according to procedure established by law.