Tribune News Service
New Delhi, September 21
Maintaining that individuals cannot declare an absolute proper to protest, the Supreme Court on Monday reserved its order on petitions searching for sure pointers to strike a steadiness between the suitable to protest and proper to free motion and mobility.
A Bench led by Justice Sanjay Kishan Kaul–which was seized of PILs had been filed by Amit Sahni, Shashank Deo Sushi and others towards anti-CAA protesters blocking roads in Shaheen Bagh in Delhi–said it will cross an order on the bigger concern even because the protesters had been eliminated by the Police on March 24 in view of COVID-19 lockdown.
At the very outset, a Bench led by Justice Sanjay Kishan Kaul requested the petitioners, “Are you withdrawing it?”
“No,” replied Sudhi.
Sahni mentioned in future the protest should not proceed.
“In the larger public interest, a decision may be taken,” Sahni mentioned requesting the Bench to cross an elaborate order.
As advocate Mahmood Pracha contended that there was an absolute proper to protest, Solicitor General Tushar Mehta objected to his submission, saying the suitable wasn’t absolute.
“Right to take out a procession is never take out for a absolute right… You cant simply go and stop a vehicular movement,” Mehta mentioned.
Pracha mentioned there needs to be a common coverage on this regard.
“It’s difficult. There cannot be a universal policy because situations and facts are different every time. In a parliamentary democracy, there is always an avenue of debate. The only issue is how to balance it,” the Bench mentioned.
“Let us have the benefit of the report filed by the interlocutors also,” it added.
Led largely by girls, the Shaheen Bagh protest is an ongoing 24/7 steady sit-in (dharna) towards the Citizenship (Amendment) Act (CAA) handed by Parliament in December final 12 months.
They had been protesting the police motion towards college students at Jamia Millia Islamia who allegedly indulged in violence throughout preliminary protests towards the regulation.
The Protesters had been additionally opposing National Register of Citizens (NRC) and National Population Register (NPR) since 15 December 2019.
Notified on January 10, the CAA relaxes norms for grant of Indian citizenship by naturalization to Hindu, Sikh, Christian, Buddhist and Jain and Parsi victims of spiritual persecution from Pakistan, Afghanistan and Bangladesh who got here to India earlier than December 31, 2014.
The high court docket had on January 22 refused to remain the operation of the CAA and the National Population Register (NPR) and indicated that in the end a five-judge Bench may need to resolve these points.