You Cannot Occupy Protest Sites Forever, CJI Asks Where Will Farmers and Workers Go (Facebook)
New Delhi: The Supreme Court on Tuesday made an important comment regarding prolonged occupation of the places designated for protests. The court clearly said that no organisation, individual or protestor can exercise control over any protest site indefinitely. Different groups should have the opportunity to use such spaces for a fixed period of time. The court said that every citizen and organisation in the country has the right to protest, but one group cannot deny the same right to others on the basis of their occupation.
A bench of Chief Justice Surya Kant, Justice Joymalya Bagchi and Justice V. Mohana was hearing petitions related to the October protests against Chief Election Commissioner Gyanesh Kumar in Delhi. During this, the court considered the rights of the protesters as well as the impact on the livelihood and business of the common people as important.
During the hearing, CJI Surya Kant said that no single organisation can be allowed to occupy a particular place forever. He raised the question that if a group continues to protest at the same place then where will farmers, labourers, trade unions and homeless people go to express their views? According to the court, everyone has the right to protest and no one group can be allowed to block the way for others.
The CJI also said that before giving additional time to any protest, it is necessary to see that requests for the same place may come from other groups also. Be it one space or two, it should be used by different protesters also. An organisation cannot prevent other groups from coming there merely by virtue of already existing.
The bench also raised the issue of livelihood of common people being affected during the protest. The CJI said that the Constitution recognises the right to protest, but the right to trade and earn livelihood is equally important. The court clarified that business does not mean only large commercial establishments. This also includes those daily wage labourers who work daily to support their families.
The CJI asked that if the work is affected due to any protest, then where will the daily wage earner go for his livelihood? The court's comments indicated that it was necessary to maintain a balance between the right to protest and employment of the common people.
The bench was hearing several cases including the petition of Kirana Committee Delhi. Traders have alleged that the protests at Ramlila Maidan caused damage to nearby markets and businesses. Senior advocate Mukul Rohatgi, appearing for the traders, told the court that around 50 lakh people live in the areas around the protest site. He claimed that shops remained closed on the day of the protest and business in Connaught Place was also affected.
Apart from the petition of business organisations, issues related to mass detention of people, police action, closure of metro stations and ban on internet services were also placed before the court.
During the hearing, the Supreme Court asked the business organisations to also make parties to their petition those organisations which had organised the protest against the Chief Election Commissioner. The bench said that unless the protesting organisations concerned are made parties to the case, the court cannot give an effective decision on these issues, including the damage caused to businesses.
Earlier on October 15, the Supreme Court had sought response from the Election Commission and other concerned parties on a petition filed regarding large-scale deletion of names from the voter list and alleged irregularities in Special Intensive Revision (SIR). This petition was filed on behalf of Congress leader Rahul Gandhi and 12 opposition leaders. The court had directed the parties concerned to present their views in this matter.
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