New Delhi: The Supreme Court Monday said the anti-CAA protestors, who are holding agitation at Shaheen Bagh here since December 15 last year, cannot block public roads and create inconvenience for others.
People are entitled to protest but it has to be done in an area identified for agitations and it cannot be done on a public road or park, the apex court said. A bench comprising Justices SK Kaul and KM Joseph issued notices to the Centre, Delhi government and Delhi Police asking them to respond to the pleas seeking removal of protestors from Shaheen Bagh and ensuring smooth traffic flow on the Kalindi Kunj-Shaheen Bagh stretch.
When the counsel appearing for the petitioners urged the court to pass some direction since there was inconvenience to the public, the bench said, “It cannot be done ex-parte. We will hear the other side.” The top court has posted the matter for further hearing on February 17.
“You cannot block the public roads. There cannot be indefinite period of protest in such an area. If you want to protest, it has to be in an area identified for protest,” the bench said.
“There is a law and people have grievance against it. The matter is pending in the court. Despite that some people are protesting. They are entitled to protest,” the court said, adding, “It should be done in an area which is designated for protests. You cannot create inconvenience for the people”.
The apex court said that protest at Shaheen Bagh has been going on for long but it cannot create inconvenience for others.
“Can you block a public road? You cannot block it. Suppose there is a public park, you cannot hold protest there,” the bench said.
At the outset, advocate Amit Sahni, one of the petitioners, said that the question in this matter is about the extent of right to protest.
“Is there anybody present from the government’s side? We will issue notice,” the bench said.
How can an infant go to stir site: SC
The Supreme Court Monday, taking suo motu cognizance on the death of a four-month-old, said how could an infant go to protest at Shaheen Bagh, and also how could mothers support this. A bench headed by Chief Justice SA Bobde issued notice on suo-motu plea to “stop involvement of kids in protests”.
A group of women from Shaheen Bagh contended before the top court that even Greta Thunberg was a child when she became a protester, and raised concerns on children from the area being called Pakistani in schools. The CJI queried the counsels, how could a four-month-old go to the protest site, and how could mothers justify this.
