Public places, roads cannot be occupied indefinitely, says Supreme Court on Shaheen Bagh Stir


File photo of women during a sit-in against CAA and NRC in Shaheen Bagh in New Delhi.

File photo of women during a sit-in against CAA and NRC in Shaheen Bagh in New Delhi.

The petition to the Supreme Court was filed by lawyer Amit Sahni in February, seeking the removal of the road blockade on the Shaheen Bagh – Kalindi Kunj section.

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On Wednesday, the Supreme Court ruled against the legality of Shaheen Bagh’s protest, saying that public spaces cannot be occupied indefinitely by protesters.

A court, headed by Judge Sanjay K Kaul, held that the occupation of public roads and public spaces in exercise of the right to protest is not allowed by law.


“Public spaces and places cannot be occupied indefinitely, be it in Shaheen Bagh or anywhere else,” said the judge, reading the operative part of the sentence.

The bank added that even though the right to protest is a constitutionally guaranteed right, protests must take place in designated areas after proper approvals from the concerned authorities.

The court ruled on a request by lawyer Amit Sahni, who alleged inaction by the Delhi police and administration to clear the public thoroughfare along the Shaheen Bagh area of ​​Delhi.

Sahni pointed out the major inconvenience thousands of commuters are facing due to the blockage of the main highway connecting Delhi with other cities in the National Capital Region (NCR).

The court, in their view, also detained the Delhi Police for doing nothing even after the High Court asked them to act within its authority to clear the road.

He said the administration must keep public spaces clear of obstructions and cannot wait for a court order or continue to hold endless conversations with protesters.

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