New Delhi, Nov. 3: The Supreme Court on Tuesday observed that no individual or group can occupy a designated protest site indefinitely, stressing that every citizen has the right to use public spaces to express grievances.
The observations came during a hearing on petitions related to protests held in central Delhi last month against Chief Election Commissioner Gyanesh Kumar. The demonstrations had also triggered complaints from traders over business disruptions.
Chief Justice of India Surya Kant said designated protest sites should be allotted for specific periods so that other groups, including farmers, lawyers and journalists, also get an opportunity to hold demonstrations.
Supreme Court Calls for Fixed Time Limits at Protest Sites
Responding to submissions by Solicitor General Tushar Mehta, the Chief Justice observed that no group could claim permanent occupation of a protest venue.
“Everyone has the right to protest,” the CJI said, emphasising that designated sites must be made available for specified periods.
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Mehta submitted that permission for the July 20 protest had been granted for only one day, but protesters continued occupying the site for 17 days. He also argued that organisers who call for demonstrations should take responsibility for their consequences.
The bench, comprising CJI Surya Kant and Justices Joymalya Bagchi and V. Mohana, stressed the need to balance the right to peaceful protest with the right to conduct business and earn a livelihood.
The court was also hearing a petition filed by traders’ organisations alleging that the demonstrations had affected commercial activities in parts of Delhi. The bench directed the traders’ bodies to include the protest organisers as parties to their petition.
The proceedings also covered allegations of police excesses, detentions, restrictions on internet services and the use of facial recognition technology during the protests.
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