New Delhi : The Supreme Court on Monday declined to impose restrictions on the proposed September 5 march in Delhi by the Cockroach Janta Party (CJP), leaving decisions on permissions, security and public order to the Centre and the Delhi government.

A bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and V Mohana, said there was no material at this stage to presume that the proposed mobilisation would turn violent. The court stressed that participants must remain peaceful, obey the law and respect the rights of others.

The petitions before the court had sought restrictions on large-scale protests in security-sensitive areas of Lutyens’ Delhi, including India Gate and Central Vista. The petitioners also asked that the September 5 march be postponed or modified until after the BRICS Summit, scheduled to take place in Delhi on September 12 and 13.

The court, however, said matters relating to law and order fall within the jurisdiction of the appropriate authorities. It said the Centre and Delhi government must assess what is legally permissible and take necessary steps to maintain public order and security.

The CJP had announced the September 5 mobilisation on August 24, describing it as a peaceful three-kilometre march from India Gate to the Delhi Police headquarters. The protest is being backed by families of students who died by suicide following the cancellation and subsequent re-test of the NEET examination, as well as people alleging excessive police action during the July 20 agitation.

Organisers have said the march is aimed at highlighting what they describe as the Centre’s failure to fulfil assurances that led to the withdrawal of a 36-day agitation at Jantar Mantar. The All India Students’ Association has also extended support to the protest and backed demands including the withdrawal of FIRs against student protesters and an inquiry into allegations of pellet and bullet firing during the earlier demonstrations.

During the hearing, one petitioner raised security concerns, arguing that the organisers had announced the march without obtaining police permission. The lawyer also sought its postponement until after the BRICS Summit, citing concerns that any disruption in Delhi ahead of an international event could draw global attention.

The Supreme Court declined to intervene at this stage, while indicating that the petitioners could return to the court if an alarming or untoward situation develops and the matter falls within its judicial jurisdiction.

The bench also referred to the five-member High-Powered Enquiry Committee (HPEC) that is investigating allegations arising from the July 20 protest. The committee was constituted on August 18 after the Supreme Court observed that allegations of excessive force during the agitation prima facie warranted an independent inquiry.

The panel is headed by former Supreme Court judge Justice R Subhash Reddy and includes Justice (retired) Ravi Shankar Jha, Justice (retired) Shalinder Kaur, former CBI director Rishi Kumar Shukla and retired Meghalaya DGP LR Bishnoi.

The HPEC has been tasked with examining allegations involving the use of pellet guns, electric batons, lathis and tear gas by police, including whether the force used was proportionate. It will also look into allegations of violence by protesters, injuries to police personnel, damage to public property, prohibitory orders, surveillance and the use of Section 152 of the Bharatiya Nyaya Sanhita.

Its mandate further includes allegations of targeted violence, harassment and molestation of women protesters, medical assistance provided to those affected and the possibility of interim compensation. The committee has been directed to preserve and examine CCTV and drone footage, body-worn camera recordings, videos, wireless communication records and PCR call logs related to the protests.

The panel can also receive documentary evidence and representations from affected individuals, including anonymous complaints where required to protect complainants and witnesses.

The Supreme Court said the HPEC will function under its supervision and suggested that petitioners submit their representations and suggestions directly to the committee instead of seeking a parallel investigation.

The matter has been listed for September 10. The Centre and Delhi government have been directed to be served copies of the petitions, while the HPEC will also receive the relevant documents. Both the Centre and Delhi government have expressed no objection to an independent and fair inquiry while denying allegations of police excesses.