The Supreme Court will pronounce its judgment on Wednesday on balancing the right to protest against the right to public movement, in the background of the marathon Shaheen Bagh protests against the controversial Citizenship Amendment Act .
A Bench led by Justice Sanjay Kishan Kaul will deliver the 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 were “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 their “forcible and vindictive removal” 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 the avenue of debate was first the Parliament in a parliamentary democracy. 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 protestors — had become infructuous, the court should still pass specific orders that protests in future should not hinder public movement.
