[Shaheen Bagh Protests] SC Reserves Judgment on the Need to Balance Right to Protest with Right to Mobility for Others

Supreme Court: Right to Protest cannot be held Anytime and Anywhere

The Supreme Court on Monday reserved its judgment on the aspect of the need to balance the right to protest with the right of mobility by other people in the plea(s) which had sought an urgent direction for immediate dispersal of Shaheen Bagh protestors or any other such sites amid the pandemic situation.

A bench led by Justice SK Kaul orally remarked that the experiment which insinuated in Shaheen Bagh called for a short order to be passed in light of what ensured, whether successful or not.

At this juncture, Justice Bose stated that the right to protest has to be balanced with the right of the people to use a public road. For a long period of time, a public road was blocked. What about this right to use the road?

Justice Kaul, remarked, “There cannot be a universal policy. In a parliamentary democracy, there is an avenue of debate. The only issue is in what manner and where… and for how long and how to balance it.”

According to the plea, “Corona virus has been announced as a pandemic across the world and it’s a matter of grave concern for everyone.” Due to the growing threat of the disease and increase in the number of deaths, the health ministry has advised everyone to avoid going out in the crowd and work from home.

The risk of severe disease associated with COVID-19 infection of people is currently considered moderate for the general population and high for older adults and individuals with chronic underlying conditions. The protestors can continue their protest after such threat of corona virus is over.

The petition has urged the court to take immediate directions for the removal of mass gathering from Shaheen Bagh. The protestors are mostly women who are opposing the Citizenship (Amendment) Act (CAA), National Register of Citizens (NRC), and National Population Register (NPR) since 15 December 2019.

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I am Devika Paliwal, student of BBA LLB (Hons.) spz. in Banking and Finance at University of Petroleum and energy Studies, Dehradun. I have gained experience by interning at various places such as Law firms, High court, RERA Court, etc. Being a law student my area of interest lies in Banking laws, Criminal laws, Corporate laws. I'm an inquisitive person and always like to brush up my skills by reading more and more. Apart from indulging in academics, I'm really fond of cooking delicacy food.