SC on Shaheen Bagh says public spaces cannot be occupied indefinitely
The protesters were removed in March after the COVID-19 lockdown was enforced but the court had chosen to keep the matter pending to clarify the legal position on the issue.
"Right to peaceful protest is a constitutional right and it has to be respected. But that does not mean agitating people can adopt modes of protest that were used against colonial rulers during freedom struggle," the Bench said.
The top court noted that today social media can be used to create a highly polarized situation, which was seen at Shaheen Bagh protests.
Administration must keep such spaces free from obstructions and they should not wait to fire from court's shoulder, it said.
Maintaining that people can't claim an absolute right to protest, the Supreme Court had on September 21 reserved its order on petitions seeking certain guidelines to strike a balance between the right to protest and right to free movement and mobility.
The Bench which was seized of PILs filed by Amit Sahni, Shashank Deo Sushi and others against anti-CAA protesters blocking roads in Shaheen Bagh in Delhi had said it would pass an order on the larger issue even as the protesters were removed by Delhi Police following imposition of COVID-19 lockdown.
The petitioners had urged the top court that "in the larger public interest, a decision may be taken."
Led mostly by women, Shaheen Bagh protest was a 24/7 sit-in (dharna) against the Citizenship (Amendment) Act (CAA) passed by Parliament in December last year.
