LI NETWORK
Supreme Court refusing to review the order on Shaheen Bagh protests, by a collective of mothers, children and senior citizens, against the Citizenship Amendment Act (CAA) was inconvenient for commuters.
Supreme Court clarifying right to protest and express dissent said these rights comes with certain duties and cannot be held “anytime and everywhere”, the Supreme Court said in an order, dismissing a review petition on the anti-citizenship law protests held in Delhi’s Shaheen Bagh in 2019.
Supreme Court three-judge Bench led by Justice Sanjay Kishan Kaul declining the review petition said, “The right to protest cannot be any time and everywhere. There may be some spontaneous protests but in case of prolonged dissent or protest, there cannot be continued occupation of public place affecting rights of others,”.
Supreme Court three-judge Bench said, “We have considered the earlier judicial pronouncements and recorded our opinion that the constitutional scheme comes with a right to protest and express dissent but with an obligation to have certain duties,”.
Fundamental rights do not live in isolation. The right of the protester has to be balanced with the right of the commuter. They have to co-exist in mutual respect, the court had explained in its judgment.