New Delhi: A review petition has been filed in the Supreme Court against its October judgement on Shaheen Bagh protest wherein the court had held that protest cannot be held for an infinite period in public places. People had been protesting against the Citizenship Amendment Act,2019, in Shaheen Bagh which had reportedly caused disturbance in commuting and a PIL was filed subsequently.
Now the review petition has been filed by 12 people who were part of the peaceful protests. They contend that the order "takes away the constitutional protections guaranteed to peaceful protestors by holding that the administration ought to take action to keep the areas clear of encroachments or obstructions."
"It is pertinent to point out at this stage that the only way for citizens in a democracy, to show their dissent towards legislations, policies and other governmental acts and omissions, is through peaceful protests. To put any kind of curb on this freedom to dissent leaves the citizens with no resort whatsoever to voice their concerns," as per the plea.
Read:SC rules out indefinite occupancy of public places, unacceptable in Shaheen Bagh case
Petitioners say that the order is violative of Article 19 guaranteeing right to criticise the government policies by assembling peacefully at a public place without arms. They argue that it maybe give license to the police to commit atrocities against the vulnerable people.
Citing various protests like Chipko movement, Silent Valley protest, Assam movement, Jungle Bachao Andolan, Gokak Agitation petitioners say that the protests have played a very important role in shaping the laws of our country.
Seeking a review, petitioners pleaded that the "very principle of balancing different fundamental rights by completely segregating the Right of Protestors to designated and abandoned places for protest makes the right under Article 19 completely ineffective and meaningless; more so when majoritarian politics takes a path to persecute marginalised minorities of the country's large population."
Also read: Lessons from Shaheen Bagh