Dismissing the review petition challenging its October 2020 verdict on Shaheen Bagh protest against the anti-citizenship law, the Supreme Court held that the right to protest and dissent comes with certain duties and cannot be taken out "anytime and everywhere". The SC reiterated that continued agitation cannot be carried at the cost of the occupation of public spaces affecting the rights of others.
A review appeal was registered by 12 activists challenging the top court’s ruling that termed the protest against CAA act held at Shaheen bagh as illegal.
A three-judge bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed that "right to protest cannot be anytime and everywhere."
"Constitutional scheme comes with a right to protest and express dissent but with an obligation to have certain duties. The right to protest cannot be anytime and everywhere. There may be some spontaneous protests but in case of prolonged dissent or protest, there cannot be continued occupation of public places affecting the rights of others," Supreme Court held February 9, 2021.
Massive protest against the CAA act began on December 15, 2019, and ended only when the Covid-19 lockdown was imposed by the government in March to control the spread of the virus.
The top court in its 2020 judgement clearly stated that public places cannot be occupied frequently and continuously. “Democracy and dissent go hand in hand, but then the demonstrations expressing dissent have to be in designated places alone, the SC stressed in its verdict.
The petitioners had in its plea proffered that such observations “may prove to be a license in the hands of the police to commit atrocities on the legitimate voice of protest,” especially those who come from weaker sections of the society.
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Such judgement would lead to a situation where the administration will not engage in talks with the protesters, but instead, take action against them sometimes resulting in their prosecution.
Delhi's Shaheen Bagh became the epicentre of anti-CAA protests in 2019 where the protesters- mostly women and children - sat for more than three months.