SC Dismisses Review Petition Against Shaheen Bagh Judgment, says Right To Protest Cannot Be Any Time And Everywhere

Feb 13, 2021

New Delhi: The Supreme Court has dismissed a review petition filed against the Shaheen Bagh Judgment in which the apex court had ruled that the demonstrations expressing dissent have to be in designated places alone.

The right to protest cannot be anytime and everywhere, said Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari while dismissing the review petition, according to a Lawlive report.

“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”, the judges said.

The petition had been filed by the women protestors of Shaheen Bagh, seeking a joint hearing of the pending review petition filed against the Shaheen Bagh judgment with the farm laws petition .

The petitioner submitted  that the judgment in review was essentially in relation to the right of citizens to protest against the policies of the government.

They submitted that there was a contrasting view on the legality and extent of right to protest at public places during the ongoing farmers protest in pursuant to the observation made by a CJI led bench vide order dated 17.12.2020. In the said order, the Supreme Court observed that:

“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”.

The petitioners seeking review of the December 17, 2020 judgment submitted that the Constitutional guarantee of fundamental rights available for the benefit of all the citizens is same and cannot be segregated.

–India News Stream