What impact will the ruling have on future protests?
Given that the ruling goes far beyond what a Constitutional Court of the Supreme Court says, and violates international law, it is certainly debatable that his observations on protests that are only allowed in designated areas cannot be considered valid.
However, activist and defender of the public interest Prashant Bhushan warns that it will not be so easy. “Although this judgment is in the teeth of Himat Lal Shah, who is a larger bank, and therefore is per incuriam in that regard, unfortunately the authorities and police will use this judgment to further restrict protests in public places.” .
He notes that this is in line with the police approach of restricting protests in Delhi to Jantar Mantar and Ram Lila Maidan, although protests are supposed to be allowed elsewhere including central Delhi, after obtaining prior permission and with due consideration. .
This was confirmed by the Supreme Court in Mazdoor Kisan Sahakti Sangathan 2018 case. Again, strangely, the court led by Judge Kaul in the Shaheen Bagh case has cited this ruling, although it also goes against what they are trying to say.
Senior lawyer Dave dushyant He also agrees that Wednesday’s court decision is likely to “please the majority and the Executive.” However, he also argues that this sentence will be impossible to implement.
At the end of the day, legally speaking, future protests, as long as they are peaceful and do not create a threat to public order, should not be restricted to designated areas only, and should still be able to occupy public spaces.
Completely blocking a road for an extended period of time may eventually become an unacceptable impediment to freedom of movement, but this cannot be a reason to avoid such a protest from the outset. The court ruling in the Shaheen Bagh case cannot do this, not while Himat Lal it is still a good law.
It can also be argued that the court’s observations in the Shaheen Bagh judgment only apply in situations where the protest is as large as in Shaheen Bagh, occupies an entire road entirely, and goes on for an extended period.
The problem, of course, is that pushing through all of this will depend on the protesters and their stomachs for a fight, whether while peacefully resisting police on the ground, who will try to use judgment to justify themselves, or in defiance. in the Supreme Court itself.
However, it is regrettable that the supreme court, which must protect fundamental rights, has created this confusion for those who wish to exercise their right to protest peacefully. As Dave puts it, “the court’s decision is contradictory. Where else will people protest? In their houses? I think the Supreme Court would have done well to stay out of this problem. “
Did you like this story? We will send you more. Sign up for The Quint newsletter and get curated stories delivered to your inbox every day. Click to begin.
The Quint is also available on Telegram and WhatsApp, click to join.
.
