In a judgment which would have far-reaching consequences, a three-judge bench of the Supreme Court declined to review its order of October last year where the court had declared the indefinite blockade of the road by Shaheen Bagh protestors “unacceptable”.
A three-judge bench headed by Justice Sanjay Kishan Kaul was hearing the petition. The bench said, “…the order of which review has been sought, does not suffer from any error apparent warranting its reconsideration.” The court noted, “The right to protest cannot be anytime and everywhere.”
Reminding the petitioners of certain duties, it further noted: “the Constitutional scheme comes with a right to protest and express dissent but with an obligation to have certain duties.”
The court recognised the significance of dissent and protest in a democracy but it also said it can not be at the cost of rights of others. In the judgement, it wrote, “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.”
The Shaheen Bagh protest started in December 2019 in Shaheen Bagh area of Delhi. They were protesting against the Citizenship (Amendment) Act which was passed in the parliament in December 2019.
The protestors had blocked the complete road which connects Delhi to Noida, causing massive inconvenience to daily commuters and the people of the area. It also caused a huge business loss for the people in the area.
