Supreme Court on Shaheen Bagh Protest held that although the
Supreme Court on Shaheen Bagh Protest held that although the right to protest is a constitutionally protected right; it cannot be exercised in a manner that it causes obstruction to other citizens. Further court held that public spaces cannot be occupied indefinitely.
The Bench comprising of Justice Sanjay Kishan Kaul, Aniruddha Bose and Justice Krishna Murari held,
“Dissent and democracy go hand in hand.”
The Court noted that it was the duty of the administration to remove any such road blockades. The administration must carry out its function to clear out obstructions from the roads and not wait for Court’s order to do so.
The Anti-CAA protest at Shaheen Bagh had to be cleared out due to COVID – 19 Pandemic this year. While reserving its verdict in the matter, the Court had noted that there is a need for a balance between the people’s right to protest and the right to free movement of others. The Court had said that while the right of people to protest is a valuable right in a democracy, that there are also other public rights such as the right to movement and mobility that exist, and a balance has to be drawn between these
