Shaheen Bagh protesters can't block public roads indefinitely, says Supreme Court

Written By DNA Web Team | Updated: Feb 10, 2020, 02:28 PM IST

The court observed that though people are entitled to protest, they have to do it in a designated area.

The Supreme Court on Monday said that people protesting against the Citizenship Amendment Act (CAA) in South-east Delhi's Shaheen Bagh cannot block public roads and create inconvenience for others.

Hearing a petition that sought to clear the road in the area, the court observed that though people are entitled to protest, they have to do it in a designated area.

"There is a law and people have grievance against it. The matter is pending in court. Despite that some people are protesting. They are entitled to protest," a bench comprising justices S K Kaul and K M Joseph said.

"You cannot block the public roads. There cannot be indefinite period of protest in such an area. If you want to protest, it has to be in an area identified for protest," the bench said.

The apex court also issued notices to the Centre, Delhi government and the police on the matter and sought replies within one week. It also said that no orders can be passed without hearing the other side.

The next hearing in the matter is scheduled for February 17.

The SC further said that the protest at Shaheen Bagh has been going on for long but it cannot create inconvenience for others.

At the outset, advocate Amit Sahni, one of the petitioners in the case, said that the question in this matter is about the extent of right to protest.

"Is there anybody present from the government's side. We will issue notice," the bench said.

When advocate Shashank Deo Sudhi, appearing for another petitioner and former BJP MLA Nand Kishore Garg, urged the bench to pass some direction, the court said, "It can't be done ex-parte".

Advocate Mehmood Pracha told the court that he wants to intervene in the matter on behalf of Bhim Army chief Chandrashekhar Azad.

"Do whatever you feel proper," the bench told Pracha.

At the fag end of the hearing, when Sudhi insisted that some directions may be passed as people are facing inconvenience due to the blockade of public roads, the bench said, "If you have waited for over 50 days, wait for some more days."

Shaheen Bagh has lately gained nationwide attention as women have been sitting on protest against the CAA and NRC since December 15 last year.

The Kalindi Kunj-Shaheen Bagh stretch of road no. 13A in the national capital has been closed since December 15 last year after protesters occupied the road. 

The region also became a common theme in the Delhi election campaign for all parties. Some BJP leaders went a step ahead and gave different names to the protests. While some called the agitators 'rapists' and 'traitors', others have termed the Shaheen Bagh area as 'mini Pakistan'.

(With PTI inputs)