The Delhi High Court has sought response from Delhi Police on seeking permission to permit activist Sonam Wangchuk and others from Ladakh to hold peaceful protests demanding Sixth Schedule status for Ladakh and raising environmental awareness at Jantar Mantar.

The Division Bench comprising Justice Prathiba M. Singh and Justice Amit Sharma directed the authorities to file their response to the plea by October 16 and scheduled the next hearing for October 22.

The Court issued a notice in response to a petition filed by the 'Apex Body Leh', an organization focused on safeguarding Ladakh's cultural and environmental interests. The organization, alongside Mr.Wangchuk and about 200 padyatris, initiated a Pad Yatra from Leh to New Delhi to raise awareness.

On 1st September, the protesters had started from Leh to raise awareness about the "ecological and cultural collapse" in Ladakh. Their core demand has been the Sixth Schedule for the Union Territory, which was carved out of the erstwhile State of Jammu and Kashmir.

The Sixth Schedule of the Indian Constitution facilitates the governance of tribal areas in the northeastern states of Assam, Meghalaya, Tripura, and Mizoram through Autonomous District Councils (ADCs). This provision enables these regions to maintain their autonomy while preserving the distinct cultural practices of the tribal populations.

Mr. Wangchuk and others were detained at Singhu Border on September 30. Mr. Sonam Wangchuk and his associates were later released and set free.

The organization had requested permission to stage a protest at Jantar Mantar, but the Delhi Police rejected their request on October 5.

Solicitor General Tushar Mehta argued that there is no immediate urgency in addressing matters related to a fast or dharna and opposed the plea for the case to be listed early.

"There cannot be any urgency for proceeding on any fast or dharna," the Solicitor General submitted.

Being aggrieved by the non-complaince of the request put forth, they argued that the refusal infringes their fundamental right to freedom of speech and peaceful assembly.

"Delhi Police could have exercised their discretion to grant permission for the anshan at an alternative location, rather than outright denying the request, which directly contravenes the the fundamental rights guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India," the plea said.

It further added that Delhi Police failed to provide any valid or reasonable grounds for rejecting the request for holding a peaceful protest.

“The proposed demonstration is a peaceful expression of dissent aimed at highlighting significant social issues by the Petitioner organisation. The proposed anshan is aimed at raising awareness about critical societal issues and communicating grievances to the authorities. By denying permission, the respondent is effectively suppressing this fundamental right and limiting the petitioner's ability to engage in public discourse, undermining the principle of open expression,” the plea reads.

While issuing notice to the Delhi Police and Delhi Government, the Court ordered, ''Let replies be filed by October 16. List on October 22.”

Case Title: Apex Body Leh v. Government of NCT of Delhi & Anr.