Right to protest cannot be anytime and everywhere, says SC

In a recntly passed order, the Supreme Court has clearly said that the right to protest cannot be anytime and everywhere. There may be some spontaneous protests but in case of prolonged dissent or protest, there cannot be continued occupation of public place affecting the rights of others. A bench of Justices Sanjay Kishan Kaul, Aniruddha Bose and Kirshna Murari said, “We have perused the review petition and record of the civil appeal and are convinced that the order of which review has been sought, does not suffer from any error apparent warranting its reconsideration”.

The Apex Court said as it dismissed a plea seeking review of its verdict passed last year in which it had held the occupation of public ways during the anti-CAA protests at Shaheen Bagh in New Delhi was “not acceptable” The top court said there may be some spontaneous protests but in case of prolonged dissent or protest, there cannot be continued occupation of public place affecting the rights of others. The top court, which considered the matter in the judges' chambers also rejected the prayer for open court hearing in the matter, while dismissing a plea by one Shaheen Bagh resident Kaniz Fatima and others seeking review of last year's verdict of October 7. It had said the mode and manner of dissent against colonial rule during India's freedom struggle cannot be equated with dissent in a self-ruled democracy.

The apex court's verdict had come on a plea by lawyer Amit Sahni against blockade of a road in Shaheen Bagh area by those protesting against the Citizenship Amendment Act (CAA), which aimed to provide Indian citizenship to persecuted minorities of Pakistan, Afghanistan and Bangladesh. It had held that the protest at Shaheen Bagh was a blockage of a public way which caused grave inconvenience to commuters. The Court passed the order on February 9.