'Judgement Speaks For Itself ' : Supreme Court Dismisses Plea Seeking Clarification Of Verdict Against Shaheen Bagh Protests

The Supreme Court of India on Monday dismissed a miscellaneous application filed seeking clarification of its judgement dated 7th October 2020 passed  with regard to the Shaheen Bagh protests.

In a plea by Advocate Amit Sahni that sought to remove the protests against CAA-NRC at Shaheen Bagh, the Apex Court had through its October 2020 judgement held that while right to peaceful protest against a legislation exists, demonstrations expressing dissent have to be in designated places alone and public places cannot be occupied indefinitely. 

A Bench comprising Justice SK Kaul and Justice MM Sundresh refused to entertain the application seeking clarification observing that the judgement speaks for itself and no clarification is necessary.

During the hearing, while the Advocate on Record Mansoor Ali sought a short adjournment as the arguing counsel was unwell, the Bench observed the judgement has been passed and the application filed is not maintainable.

"The issue is over, why is it listed? What's the clarification sought I don't understand. There's no clarification required. The whole issue is over. Sorry. No clarification of a judgement. The judgement speaks for itself. Dismissed." Justice Kaul said

"We have dismissed this application, there's no need for clarification, judgement has been passed, such an application is not maintainable, we are not going to entertain such applications in disposed of matters." Justice Kaul told the Counsel.

The application for clarification was filed by Mr Syed Bahadur Abbas Naqvi who was an intervenor in the main matter.

Details of The Judgement: 

The judgement was delivered in an appeal  filed by Advocate Amit Sahni seeking to remove the protests against CAA-NRC at Shaheen Bagh, alleging that the protests were blocking the roads, affecting the right of free movement of the public. Though the protesters vacated the site in March with the onset of COVID-19 pandemic, the court proceeded to hear the matter on the larger issue of balancing the right to protest with the right to free movement of people.

The Supreme Court has observed that the right to peaceful protest against a legislation exists, but the demonstrations expressing dissent have to be in designated places alone.

The bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed that the mode and manner of dissent against colonial rule cannot be equated with dissent in a self-ruled democracy. The court said that the fundamental right of every citizen to assemble peacefully and protest against the actions or inactions of the State must be respected and encouraged by the State. 

'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 encroachments or obstructions', Justice Kaul observed in the judgment adding that Shaheen Bagh protests caused blockage of a public way which caused grave inconvenience to commuters.

The bench had expressed hope that 'such a situation does not arise in the future and protests are subject to the legal position as enunciated above, with some sympathy and dialogue, but are not permitted to get out of hand.'

Case name: AMIT SAHNI vs. COMMISSIONER OF POLICE 

Click here to read/download the order