"Right To Protest Cannot Be Any Time And Everywhere"; Supreme Court Dismisses Review Petition Against 'Shaheen Bagh' Judgment

Supreme Court has dismissed the review petition filed against the Shaheen Bagh Judgment in which it is held that the demonstrations expressing dissent have to be in designated places alone.

Dismissing the review petition Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari held that the right to protest cannot be anytime and everywhere.

"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 women protestors of Shaheen Bagh approached the Supreme Court seeking a joint hearing of the pending review petition filed against the Shaheen Bagh judgment with the farm laws petition in the view of recent developments and subsequent observations made during the farm laws challenge hearings on the right to protest.

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

While dealing with the said issue, the judgment in review, this  Court has made certain observations and given some findings in relation to the said right to protest and as per the present petitioner/applicant, the observations so made, take away the fundamental right to protest and upset the very concept of dissent which is one of foundations on which our democracy stands." 

In the Amit Sahani judgment, the bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed that:

"We have, thus, no hesitation in concluding that 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."

According to the petitioner, there is 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 review petitioners submitted that the Constitutional guarantee of fundamental rights available for the benefit of all the citizens is same and cannot be segregated.

Therefore, it is the prayer of the petitioner to club the aforesaid review petition along with the farm laws petitions so as to enable the petitioner a chance of oral hearing for making submissions.

"Take up the accompanying Review Petition (C) Diary No. 24552 of 2020 along with other Applications with W.P. (C) No. 1118 of 2020 (Rakesh Vaishnav & Ors. vs. Union of India & Ors.) and other connected petitions." The Prayer reads.

Click Here To Download The Order