NEW DELHI: Holding that there cannot be a right to protest “anytime and everywhere” and rights of other people affected cannot be neglected, the Supreme Court has refused to re-examine its Shaheen Bagh verdict in which it had said public roads could not be blocked during the protest.
The SC order comes in the midst of a prolonged protest by farm unions opposed to new farm laws at Delhi borders since November. Residents in these areas have protested barricades and restrictions affecting their movement and livelihoods.
A bench of Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari said there may be some spontaneous protests at public places but there could not be continued occupation of a place by protesters. It dismissed the review petition of a Shaheen Bagh resident Kaniz Fatima and others seeking review of the October 7 verdict.
“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 the rights of others. Accordingly, the review petition is dismissed,” the court said .
The court dismissed the review petition of one Shaheen Bagh resident Kaniz Fatima and others seeking review of last year’s verdict of October 7. The top court also refused the plea to grant open court hearing on its review plea.