Other protesters also, can’t occupy sites indefinitely: SC

New Delhi: The Supreme Court on Tuesday, November 3, said that no individual or organisation can occupy a protest site indefinitely, adding that even designated sites should be limited to a definite time.

The ruling came after the top court heard matters relating to the October protests in Delhi and at Jantar Mantar before the government denotified it.

The government’s Solicitor General Tushar Mehta suggested that whoever calls for the protest must take responsibility for any consequences arising from their actions.

Chief Justice of India (CJI) Surya Kant observed that while everyone has a right to protest, it cannot result in the occupation of a site for “all time to come.”

“There are other protesters also. Where will farmers or lawyers go? Everyone has a right to protest,” he said. “Designated time must be given for designated period.”

“You can’t prevent other people, that I am doing protest now; you can’t,” he added.

CJI Kant emphasised the importance of clear definitions under which permission is given for protests.

You cannot march to Parliament, SC: Tushar Mehta

Referring to the July NEET protests, Mehta, appearing for the Delhi Police, said although permission was granted for just one day, protesters stayed at the site for 17 days. He also highlighted the protesters’ march to Parliament, stating that they could not be allowed to proceed to Parliament or the Supreme Court without prior permission.

“Parliament is not just another political building. You cannot march to Parliament. You cannot march to the Supreme Court,” he said.

Subsequently, the apex court was informed that Jantar Mantar was a designated protest site and that Delhi Police perpetrated violence at the location. Senior Advocate Menaka Guruswamy pointed out that at least 7,000 people were detained during the protests and questioned whether the government’s response adhered to democratic values.

Tushar Mehta argued that they were removed from the protest site and not detained.

Our sales are down, our people are bleeding, say traders

The Supreme Court bench of CJI Kant, Justice Joymalya Bagchi and Justice V Mohana also took up petitions alleging that the protests had adversely affected commercial activities in Delhi.

The Supreme Court directed the traders’ body, Kirana Committee Delhi, to include the organisers of the protest as parties to their existing plea.

Senior Advocate Mukul Rohatgi, representing the associations, said the protests severely affected business in Delhi, particularly during the time of festivals. “I represent all trading associations in Delhi; all shops remain closed, there’s nobody in CP (Connaught Place) today.”

“Our sales are down. If you don’t sell during festive season, our people are bleeding,” he said, requesting an “out-of-the-box solution.”

Solicitor General Mehta reiterated that the organisers must take responsibility, while the traders urged the court to ensure no protests take place for the next two months.

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