Supreme Court Statements Against Shaheen Bagh Protests, Claims ‘Right To Protest Cannot Be Anytime and Anywhere’
The Supreme Court, in an order seeking attention to the anti-citizenship law protests, dictated right to protests and dissent is considerable but under certain circumstances. SC in its statement clarified ‘Right to protest and express dissent comes with certain duties and cannot be held anytime and everywhere.’
A three-judge bench of Justices including SK Kaul, Krishna Murari and Aniruddha Bose stated ‘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 places affecting the rights of others.’
The decision arose in response to a petition filed by a group of twelve activists who filed a review petition on the previous year SC’s ruling which stated the anti-CAA protests were illegal.
Reconsidering, yet clarifying its decision the SC has now termed that the protests might be held at designated areas only. Since it is the citizen’s right to speak against the unfavorable government policies, the citizens must abide by the laws, said the SC.
Restating the statement, the Justices said ‘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 places affecting the rights of others.’
‘Dissent and democracy go hand in hand’ were the Supreme court rulings in while re-reading the petition.
The SC’s ruling arrived a year after women protestors approached the SC grounds pleading to reconsider citizenship rights and allow the right to protest which was called ‘unacceptable’ by the Supreme Court’s October 2020’s decision.
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 encroachment or obstruction,’ termed the Justice bench.
The decision, however, seems to contradict CJI’s statement regarding the ongoing farmer protests where Bobde objected ‘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 protestors or the police.’
The petitioners claim that the rights of the citizens must not be compromised and protest is an important aspect of the fundamental right, thus it should not be hindered.
The SC’s decision does not look convenient to a larger group of people as they believe it hinders their right to express dissent thus transforming the modus operandi of the entire democratic setup of the country.
SC previously stated that the anti-CAA protests held at Shaheen Bagh were illegal and should have been dismissed.
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