The Supreme Court on October 7 will pronounce its judgment about balancing the right to protest against the right to public movement in the background of the marathon protests against the Citizenship (Amendment) Act at Shaheen Bagh.
Shift anti-CAA protesters
A Bench led by Justice Sanjay Kishan Kaul will deliver judgment on a petition filed by advocate Amit Sahni, several months ago, for a direction to shift the anti-CAA protesters of Shaheen Bagh, mostly mothers and their children, to an alternative site as they have been “blocking” public movement and causing traffic snarls in the area.
The protesters were later removed by the police on March 24 with the advent of the pandemic and the resultant national lockdown.
The protesters had at the time written to Chief Justice of India S.A. Bobde against the “forcible and vindictive removal of the protest site” by the Delhi Police.
Solicitor General Tushar Mehta had argued that the right to protest, like any other right, was not “absolute”. Justice Kaul had orally said in a parliamentary democracy the avenue of debate was first Parliament.
In addition, peaceful protests could be held.
Mr. Sahni had said though the reason for the petition — the blockage of the main road by Shaheen Bagh protesters — had become infructuous, the court should still pass specific orders that “in future, protests should not hinder public movement”.