Cannot Occupy Public Space Indefinitely' — Supreme Court On Right To Protest Vs Right To Trade
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The Supreme Court says no group can occupy public spaces indefinitely for protests, stressing the need to protect livelihoods and public access.
What Court Said Today:
“You cannot occupy a site at all times. You cannot say that because you have occupied it, you will not allow others. Even designated site has to be for certain period. You cannot occupy protest site for all time to come. Where will farmers, traders and journalists go?”
Emphasised: “Right to protest and right to trade both are important… The only way out is identify a place of public protest that do not hamper day to day business of these people.”
On conflicting claims: “These are two competing claims, right to protest is recognised by Constitution and right to trade and earn livelihood. We are talking about source of livelihood of daily-wage worker.”
Case Context: Batch of petitions arising from October protests in Delhi against CEC Gyanesh Kumar over SIR of electoral rolls. Includes INDIA bloc, CJP (Cockroach Janata Party) led student protest July 20-25 where FIRs earlier quashed under Article 142, opposition’s “public impeachment” plan. Traders orgs sought halt during festive season.
Court sought responses from Centre and stakeholders, directed traders to implead organisers of anti-CEC demonstrations as parties, said no judicial determination possible otherwise. Also noted authorities must clearly explain why permission granted/rejected, and mention specific period.
