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Right to protest at public places
“Right to protest cannot be anytime and everywhere” Held Supreme court while dismissing the review petition filed by Shaheen Bagh women protestors a held that the demonstrations expressing dissent have to be in designated places alone.
Right to protest at
public places
“Right to protest cannot
be anytime and everywhere” Held Supreme court while dismissing the review
petition filed by Shaheen Bagh women protestors a held that the demonstrations
expressing dissent have to be in designated places alone.
Supreme court had earlier made observation
while dealing with the petition filed by protesters and ordered
the protest to continue without breach of peace -
"We are of the view at this stage that
the farmers' protest should be allowed to continue without impediment and
without any breach of peace either by the protesters or the police".
Now review petition was filed against
the Shaheen Bagh Judgment . In
this petition it is urged that the citizens have right to protest against the policies of the government.It is
further said that the observations so made by this court,it take away the
fundamental right to protest and upset the very concept of dissent which is one
of foundations on which our democracy stands."
The bench comprising Justices Sanjay Kishan
Kaul, Aniruddha Bose and Krishna Murari observed that:
"We have, thus, no hesitation in
concluding that such kind of occupation of public ways, whether at the site in
question or anywhere else for protests is not acceptable and the administration
ought to take action to keep the areas clear of encroachments or or obstructions."
Dismissing the review petition Justices
Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari held that the right to
protest cannot be anytime and everywhere.
"We
have considered the earlier judicial pronouncements and recorded our opinion
that the Constitutional scheme comes with a right to protest and express
dissent but with an obligation to have certain duties. 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 rights of
others"
Hence it is final now when Apex court again
confirms its stand that there cannot be continued
occupation of public
place affecting rights of others"
Civil Appeal No.3282/2020
Kaniz Fatima & Ors. Vs Commissioner Of Police & Ors.
New Delhi;
February 09, 2021.