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'Public spots can't be occupied indefinitely': SC rejects Shaheen Bagh review plea

The Supreme Court rejected a petition seeking review of its October 2020 order on the Shaheen Bagh protest, reiterating that public places cannot be occupied indefinitely.

Shaheen Bagh
Shaheen Bagh
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Published : Feb 13, 2021, 12:08 PM IST

New Delhi: The Supreme Court has dismissed the petition seeking review of its October 2020 judgment on the Shaheen Bagh protest, observing once again that public places cannot be occupied indefinitely.

The bench comprising of Justice Sanjay Kishan Kaul, Justice Aniruddha Bose and Justice Krishna Murari ruled that there was no error in its earlier judgment and it does not warrant any reconsideration from them.

"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. The right to protest cannot be anytime and anywhere. There may be some spontaneous protests, but in case of prolonged dissent or protest, there cannot be continued occupation of public place affecting the right of others," read the order.

The verdict came in response to a plea filed by 12 protesters who had contended that the court's October order can have an adverse effect, giving power to police to commit atrocities on vulnerable protesters.

Last year, various PILs were filed in the top court seeking removal of protesters who had been agitating against the Citizenship Amendment Act in Shaheen Bagh as it was obstructing traffic and people had to travel for longer hours and distances.

The top court had tried unsuccessfully tried the mediation method, following which it said that public places cannot be occupied indefinitely.

Read: Students' Federation of India challenges CAA in SC

New Delhi: The Supreme Court has dismissed the petition seeking review of its October 2020 judgment on the Shaheen Bagh protest, observing once again that public places cannot be occupied indefinitely.

The bench comprising of Justice Sanjay Kishan Kaul, Justice Aniruddha Bose and Justice Krishna Murari ruled that there was no error in its earlier judgment and it does not warrant any reconsideration from them.

"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. The right to protest cannot be anytime and anywhere. There may be some spontaneous protests, but in case of prolonged dissent or protest, there cannot be continued occupation of public place affecting the right of others," read the order.

The verdict came in response to a plea filed by 12 protesters who had contended that the court's October order can have an adverse effect, giving power to police to commit atrocities on vulnerable protesters.

Last year, various PILs were filed in the top court seeking removal of protesters who had been agitating against the Citizenship Amendment Act in Shaheen Bagh as it was obstructing traffic and people had to travel for longer hours and distances.

The top court had tried unsuccessfully tried the mediation method, following which it said that public places cannot be occupied indefinitely.

Read: Students' Federation of India challenges CAA in SC

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