"Right To Protest Cannot Be Any Time And Everywhere"; Supreme Court Dismisses Review Petition Against 'Shaheen Bagh' Judgment
3 years, 10 months ago

"Right To Protest Cannot Be Any Time And Everywhere"; Supreme Court Dismisses Review Petition Against 'Shaheen Bagh' Judgment

Live Law  

Supreme Court has dismissed the review petition filed against the Shaheen Bagh Judgment in which it is held that the demonstrations expressing dissent have to be in designated places alone.Dismissing the review petition Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari held that the right to protest cannot be anytime and everywhere. Supreme Court has dismissed the review petition filed against the Shaheen Bagh Judgment in which it is held that the demonstrations expressing dissent have to be in designated places alone. Dismissing the review petition Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari held that the right to protest cannot be anytime and everywhere. There may be some spontaneous protests but in case of prolonged dissent or protest, there cannot be continued occupation of public place affecting rights of others" The women protestors of Shaheen Bagh approached the Supreme Court seeking a joint hearing of the pending review petition filed against the Shaheen Bagh judgment with the farm laws petition in the view of recent developments and subsequent observations made during the farm laws challenge hearings on the right to protest.

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History of this topic

Shaheen Bagh Demolitions| 'Can't Interfere At Political Party's Behest' : Supreme Court Dismisses CPI(M)'s Plea Challenging SDMC Action
2 years, 8 months ago

Shaheen Bagh Demolitions| 'Can't Interfere At Political Party's Behest' : Supreme Court Dismisses CPI(M)'s Plea Challenging SDMC Action

Live Law  

The Supreme Court on Monday refused to entertain a petition filed by the Communist Party of India challenging the demolition drive initiated by the South Delhi Municipal Corporation in the Shaheen Bagh area of Delhi.A bench comprising Justices L Nageswara Rao and BR Gavai said that it cannot interfere at the behest of a political party. The Supreme Court on …

Supreme Court declines to entertain plea on Shaheen Bagh demolition drive
2 years, 8 months ago

Supreme Court declines to entertain plea on Shaheen Bagh demolition drive

Hindustan Times  

The Supreme Court on Monday declined to entertain petitions against the South Delhi Municipal Corporation's anti-encroachment drive in Shaheen Bagh area. Locals stage a protest in front of an MCD bulldozer at Shaheen Bagh area during an anti-encroachment drive, in New Delhi, on Monday. The top had earlier agreed to hear a petition challenging a demolition drive by the civic …

Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court
2 years, 11 months ago

Special Leave Petition Against A Review Order Alone Is Not Maintainable, Reiterates Supreme Court

Live Law  

The Special Leave Petition against a review order alone is not maintainable, the Supreme Court reiterated in a recent order.The bench comprising Justices Sanjay Kishan Kaul and MM Sundresh observed thus while dismissing a special leave petition filed against an order passed by Madhya Pradesh High CourtThe bench noted that the petitioner had earlier withdrawn the Special Leave Petition. The …

Propositions Like Holding Protests At 'Designated Places Alone' Shall Upset The Concept Of Dissent: Review Petition In Supreme Court Against Shaheen Bagh Judgement
4 years, 1 month ago

Propositions Like Holding Protests At 'Designated Places Alone' Shall Upset The Concept Of Dissent: Review Petition In Supreme Court Against Shaheen Bagh Judgement

Live Law  

A review petition has been filed before the Supreme Court against its verdict in the case pertaining to the Shaheen Bagh protests in Delhi. In October 2020, a three Judge Bench of the Supreme Court led by Justice SK Kaul had held that the right to peaceful protest against a legislation exists, but the demonstrations expressing dissent have to be …

The right balance: The Hindu Editorial on Shaheen Bagh and the right to protest
4 years, 3 months ago

The right balance: The Hindu Editorial on Shaheen Bagh and the right to protest

The Hindu  

Long after Shaheen Bagh became a potent symbol of democratic resistance against a discriminatory law, the Supreme Court has ventured to hold that any such indefinite blockade of a public pathway is unacceptable. On the face of it, the Court’s view arises from a straightforward balancing of two contrasting rights — the right to protest and the right to free …

SC's Shaheen Bagh judgment represents genuine attempt to engage with diversity of protest
4 years, 3 months ago

SC's Shaheen Bagh judgment represents genuine attempt to engage with diversity of protest

Firstpost  

The Supreme Court has finally pronounced its verdict on one aspect of a burning issue with which the country was concerned before the pandemic: The Citizenship Amendment Act. Unfortunately, the judgment is only in the writ petition seeking action from the administration to clear the protests and the challenge to the constitutionality of the CAA remains undecided. The latter also …

[Shaheen Bagh] Demonstrations Expressing Dissent Have To Be In Designated Places Alone: SC [Read Judgment]
4 years, 3 months ago

[Shaheen Bagh] Demonstrations Expressing Dissent Have To Be In Designated Places Alone: SC [Read Judgment]

Live Law  

The Supreme Court has observed that the right to peaceful protest against a legislation exists, but the demonstrations expressing dissent have to be in designated places alone.The bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed that the mode and manner of dissent against colonial rule cannot be equated with dissent in a self-ruled democracy. The Supreme …

Supreme Court on Shaheen Bagh protest: Public spaces cannot be occupied 'indefinitely', says apex court
4 years, 3 months ago

Supreme Court on Shaheen Bagh protest: Public spaces cannot be occupied 'indefinitely', says apex court

Firstpost  

A three-judge bench observed that while dissent and democracy go hand in hand, protests must be carried out in the designated areas The Supreme Court on Wednesday said that occupying public places like Shaheen Bagh for protests is not acceptable and such a space cannot be occupied “indefinitely”. A bench comprising Justices SK Kaul, Krishna Murari, and Hrishikesh Roy held …

[Breaking]"Public Places Cannot Be Occupied Indefinitely": Supreme Court On Shaheen Bagh Protests
4 years, 3 months ago

[Breaking]"Public Places Cannot Be Occupied Indefinitely": Supreme Court On Shaheen Bagh Protests

Live Law  

The Supreme Court on Wednesday held that the public places cannot be occupied indefinitely. "Dissent and democracy go hand in hand but protests must be carried out in designated area", said the bench comprising Justices S K Kaul, Aniruddha Bose and Krishna Murari while delivering a judgement on the scope of right to protest and whether or not there can …

Public places cannot be occupied indefinitely: Supreme Court
4 years, 3 months ago

Public places cannot be occupied indefinitely: Supreme Court

The Hindu  

The Supreme Court on Wednesday found the indefinite “occupation” of a public road by the Shaheen Bagh protestors unacceptable. The court said the protest, considered an iconic dissent mounted by mothers, children and senior citizens of Shaheen Bagh against the Citizenship Act, became inconvenient to commuters. ‘Leaderless’ dissent It later noted that Shaheen Bagh seemed typical of the many digitally-fuelled …

Shaheen Bagh | Balance right to protest with right to movement: Supreme Court
4 years, 3 months ago

Shaheen Bagh | Balance right to protest with right to movement: Supreme Court

The Hindu  

The Supreme Court on Monday said the right to protest needs to be balanced with the right to movement of the public. A Bench led by Justice Sanjay Kishan Kaul was hearing a petition filed over seven months ago to shift the anti-Citizenship Amendment Act protestors of Shaheen Bagh, most of them mothers and their children, to an alternative site …

[Shaheen Bagh Protests] SC Reserves Judgment On The Need To Balance Right To Protest With Right To Mobility For Others
4 years, 3 months ago

[Shaheen Bagh Protests] SC Reserves Judgment On The Need To Balance Right To Protest With Right To Mobility For Others

Live Law  

The Supreme Court on Monday reserved its judgment on the aspect of "the need to balance the right to protest with the right of mobility by other people" in the plea which had sought an urgent direction for immediate dispersal of Shaheen Bagh protestors or any other such sites amid the pandemic situation.A bench led by Justice SK Kaul orally …

How Shaheen Bagh Protestors Got Tacit Support From the Judiciary
4 years, 9 months ago

How Shaheen Bagh Protestors Got Tacit Support From the Judiciary

The Quint  

Upon hearing the counsel on 17 February, and appointing advocates Sanjay R Hegde, who was “present in Court” and Sadhana Ramachandran, an expert at mediation, interlocutors “to make the persons at site see reason” the court decreed, “ Application for intervention has been filed by Ms Tasneem Ahmadi, learned counsel seeking to intervene in the matter on behalf of certain …

Shaheen Bagh agitators write to Supreme Court, seek probe into ‘forcible removal and destruction’ of protest site
4 years, 9 months ago

Shaheen Bagh agitators write to Supreme Court, seek probe into ‘forcible removal and destruction’ of protest site

Firstpost  

Shaheen Bagh protestors on Wednesday wrote a letter to the Supreme Court seeking an investigation into alleged forcible removal and destruction of their protest site on 24 March and have sought a direction from the apex court for citizens’ rights. New Delhi: Shaheen Bagh protestors on Wednesday wrote a letter to the Supreme Court seeking an investigation into alleged “forcible …

Shaheen Bagh Protesters Complain To SC About Police Action; Say 'Dismantling Of Structures Reeks Of Strong Vendetta'
4 years, 9 months ago

Shaheen Bagh Protesters Complain To SC About Police Action; Say 'Dismantling Of Structures Reeks Of Strong Vendetta'

Live Law  

Taking strong objection to the action of Delhi police in forcibly removing the structures at the protest site at Shaheen Bagh, the protesters have submitted a statement before the Supreme Court through the court-appointed interlocutors.The protesters state that the police action carried out on Wednesday morning citing lockdown measures due to COVID-19 was highly unwarranted, as they. Taking strong objection …

'Manifestation of dissent should be civilised': Supreme Court on Shaheen Bagh protests; next hearing on 23 March
4 years, 10 months ago

'Manifestation of dissent should be civilised': Supreme Court on Shaheen Bagh protests; next hearing on 23 March

Firstpost  

The Supreme Court said that it cannot say repeatedly that protesters at Shaheen Bagh in Delhi has the right to protest but they cannot block roads New Delhi: The Supreme Court on Wednesday said that it cannot say repeatedly that protesters at Shaheen Bagh in Delhi has the right to protest but they cannot block roads. The top court remarks …

Shaheen Bagh protests: SC rebukes Delhi Police, says timing 'unconducive' to hear matter; hearing deferred to 23 March
4 years, 10 months ago

Shaheen Bagh protests: SC rebukes Delhi Police, says timing 'unconducive' to hear matter; hearing deferred to 23 March

Firstpost  

The Supreme Court Wednesday deferred the hearing of the Shaheen Bagh matter to 23 March as it took note of the sensitive situation in Delhi over the contentious Citizenship Amendment Act The Supreme Court Wednesday deferred the hearing of the Shaheen Bagh matter to 23 March as it took note of the sensitive situation in Delhi over the contentious Citizenship …

SC adjourns hearing on Shaheen Bagh till 23 March
4 years, 10 months ago

SC adjourns hearing on Shaheen Bagh till 23 March

Live Mint  

NEW DELHI: The Supreme Court on Wednesday adjourned till 23 March the hearing on pleas challenging the ongoing protests against Citizenship Amendment Act, 2019 at New Delhi’s Shaheen Bagh. The court held that it will hear the case on Shaheen Bagh once things have settled and there is a favourable environment to hear the pleas related to the sensitive issues …

Shaheen Bagh Protests: Interlocutors File Report, SC Defers Hearing To Wednesday
4 years, 10 months ago

Shaheen Bagh Protests: Interlocutors File Report, SC Defers Hearing To Wednesday

Live Law  

The Supreme Court on Monday deferred to February 26 the hearing on a plea seeking clearance of road blockade due to the sit-in protests at Shaheen Bagh in Delhi. Last week, the bench of Justices S. K. Kaul and K. M. Joseph had set up a mediation team helmed by Senior Advocate Sanjay Hegde to hold talks with the protesters. …

Shaheen Bagh interlocutors file report in Supreme Court
4 years, 10 months ago

Shaheen Bagh interlocutors file report in Supreme Court

The Hindu  

Supreme Court-appointed interlocutors senior advocate Sanjay Hegde and Sadhana Ramachandran on Monday handed over a report of their four-day endeavour to coax Shaheen Bagh protesters to shift their agitation against the Citizenship Act to an alternative site, conveniently out of the way of traffic and public movement. On February 17, the Supreme Court upheld the fundamental right of mothers, children …

Shaheen Bagh Is A Confluence Of Faiths & Peaceful Assembly, Police Made Unnecessary Blockades: Wajahat Habibullah Tells SC
4 years, 10 months ago

Shaheen Bagh Is A Confluence Of Faiths & Peaceful Assembly, Police Made Unnecessary Blockades: Wajahat Habibullah Tells SC

Live Law  

Former CIC Wajahat Habibullah has filed an affidavit in the Supreme Court after visiting Shaheen Bagh and interacting with the protestors at the site.Habibullah has depicted the confluence of different faiths at the protest site and the strong bond between the peaceful protestors, united for the purpose of the common intention of opposing the CAA-NRC-NPR. Former CIC Wajahat Habibullah has …

Shaheen Bagh mediation: Talks between SC-appointed interlocutors and protesters make no headway on day two
4 years, 10 months ago

Shaheen Bagh mediation: Talks between SC-appointed interlocutors and protesters make no headway on day two

Firstpost  

Talks between the Supreme Court-appointed interlocutors and protesters over vacating the road at Shaheen Bagh made little headway on Thursday as the anti-Citizenship Amendment Act demonstrators remained firm on continuing with their sit-in at the site. New Delhi: Talks between the Supreme Court-appointed interlocutors and protesters over vacating the road at Shaheen Bagh made little headway on Thursday as the …

Mediators continue talks with Shaheen Bagh protesters
4 years, 10 months ago

Mediators continue talks with Shaheen Bagh protesters

The Hindu  

Supreme Court-appointed interlocutors Sanjay Hegde and Sadhana Ramachandran on Thursday continued for the second day dialogue with the women protesters of Shaheen Bagh, who have been on a sit-in against the CAA-NRC-NPR regime since December 16. Citing demonstrations like the Rath Yatra, the Jat and the Railway demonstrations that had taken a violent turn, the protesters said that they had …

SC-appointed mediators reach Shaheen Bagh for second round of talks with protesters, insist on media leaving before discussion
4 years, 10 months ago

SC-appointed mediators reach Shaheen Bagh for second round of talks with protesters, insist on media leaving before discussion

Firstpost  

The Supreme Court-appointed interlocutors reached Shaheen Bagh on Thursday to initiate the second round of discussion, but they insisted that the media should not be present during the talks with protestors. New Delhi: The Supreme Court-appointed interlocutors met Shaheen Bagh protestors on Thursday in their second visit to the site where people have been on a sit-in since the last …

Let us work together: Supreme Court-appointed mediators meet Shaheen Bagh protesters
4 years, 10 months ago

Let us work together: Supreme Court-appointed mediators meet Shaheen Bagh protesters

India Today  

The Supreme Court-appointed interlocutors visited Shaheen Bagh on Wednesday to initiate talks with the protesters after the court suggested that the agitation should be held in an alternative site where no public place is blocked. Delhi: Sanjay Hegde and Sadhana Ramachandran mediators appointed by Supreme Court speak to protesters at Shaheen Bagh. The protestors claimed that the all the roads …

SC-appointed mediators to visit Shaheen Bagh to continue talks with protesters tomorrow
4 years, 10 months ago

SC-appointed mediators to visit Shaheen Bagh to continue talks with protesters tomorrow

India Today  

The Supreme Court-appointed interlocutors visited Shaheen Bagh on Wednesday to initiate talks with the protesters after the court suggested that the agitation should be held in an alternative site where no public place is blocked. Sadhana Ramachandran and another mediator Sanjay Hegde earlier said they had come to Shaheen Bagh to listen to people who had assembled in large numbers. …

Shaheen Bagh blockade is troubling us, says Supreme Court
4 years, 10 months ago

Shaheen Bagh blockade is troubling us, says Supreme Court

Deccan Chronicle  

New Delhi: The Supreme Court on Monday said people have a right to protest but not block public places causing inconvenience to others, as it asked senior lawyers Sanjay Hegde and Sadhana Ramachandran to talk to the anti-CAA and anti-NRC protesters at Shaheen Bagh and persuade them to shift to an alternative place. SC’s objection is to place of protest …

[Shaheen Bagh] : SC Sets Up Mediation Team To Talk To Protesters On Clearing Road Blockade [Read Order]
4 years, 10 months ago

[Shaheen Bagh] : SC Sets Up Mediation Team To Talk To Protesters On Clearing Road Blockade [Read Order]

Live Law  

The Supreme Court on Monday set up a mediation team headed by Senior Advocate Sanjay Hegde to hold talks with the Shaheen Bagh protesters on a plea seeking clerance of road blockade due to the sit-in protests.The bench comprising Justices S K Kaul and K M Joseph made it clear that Hegde may choose Advocate Sadhana Ramachandran or any other …

Shaheen Bagh: Protest but don't block roads, SC tells protesters; appoints mediator
4 years, 10 months ago

Shaheen Bagh: Protest but don't block roads, SC tells protesters; appoints mediator

India Today  

The Supreme Court on Monday told Shaheen Bagh protesters to come to a "reasonable solution" so that roads are no longer blocked. The apex court was hearing an appeal filed by advocate Amit Sahni, who had approached the high court seeking directions to the Delhi Police to ensure smooth traffic flow on the Kalindi Kunj-Shaheen Bagh stretch, which remains blocked …

Plea to forcibly remove Shaheen Bagh protesters filed in collusion with Centre: Bhim Army chief
4 years, 10 months ago

Plea to forcibly remove Shaheen Bagh protesters filed in collusion with Centre: Bhim Army chief

The Hindu  

Bhim Army chief Chandrashekhar Azad and first Chief Information Commissioner Wajahat Habibullah have jointly moved the Supreme Court to raise their voices in support of the ‘iconic’ Shaheen Bagh protest against the Citizenship Act and the National Register of Citizens. They have sought to be impleaded in a petition filed by advocate Amit Sahni seeking a direction to forcibly remove …

Shaheen Bagh closure: There cannot be indefinite protest in common area, says SC
4 years, 11 months ago

Shaheen Bagh closure: There cannot be indefinite protest in common area, says SC

The Hindu  

The Supreme Court on Monday gently drew the attention of citizens, mothers and senior citizens agitating against the Citizenship Act and the National Register of Citizens to the inconvenience caused when protests were held on public thoroughfares for days. The Supreme Court, however, refused to pass any interim directions urgently in the Public Interest Litigation filed by advocate Amit Sahni …

SC to hear petitions against Shaheen Bagh protests after Delhi Elections
4 years, 11 months ago

SC to hear petitions against Shaheen Bagh protests after Delhi Elections

Op India  

The Supreme court has postponed the hearing for a plea filed against Shaheen Bagh protests, noting that it can influence the Delhi Assembly election voting on 8 February 2020. The Shaheen Bagh protests that have been ongoing since December 15, have blockaded the road in the Kalindi Kunj-Shaheen Bagh stretch, causing immense traffic woes for daily commuters. The Supreme Court …

SC defers pleas against Shaheen Bagh protests, say don't want to influence Delhi Assembly polls; hearing on 10 Feb
4 years, 11 months ago

SC defers pleas against Shaheen Bagh protests, say don't want to influence Delhi Assembly polls; hearing on 10 Feb

Firstpost  

Shaheen Bagh has been at the core of the political narrative for Delhi Assembly election, especially after the incidents of shooting were reported near the protest area. The Supreme Court on Friday deferred hearing the petitions seeking directions to reopen the Shaheen Bagh-Kalindi Kunj stretch, which has been shut since 15 December, 2019, due to demonstrations against the contentious Citizenship …

SC to Monday hear pleas on Shaheen Bagh protests hurting daily life
4 years, 11 months ago

SC to Monday hear pleas on Shaheen Bagh protests hurting daily life

Live Mint  

New Delhi: The Supreme Court on Friday adjourned the hearing on pleas seeking orders to clear New Delhi's Shaheen Bagh area, where protests against the Citizenship Amendment Act, 2019, have allegedly caused inconvenience to people living in the vicinity. A bench comprising justices Sanjay Kishan Kaul and KM Joseph said they will the hear the pleas after the Delhi assembly …

SC to hear pleas against protest at Shaheen Bagh on February 10
4 years, 11 months ago

SC to hear pleas against protest at Shaheen Bagh on February 10

The Hindu  

The Supreme Court on Friday deferred hearing a plea to direct the Delhi Police to stop the Shaheen Bagh protests against the Citizenship Act and the National Register of Citizens and clear the “roadblock” till the Delhi elections are over. The petition filed by advocate Amit Sahni has sought directions to the police to take action to ensure smooth traffic …

Plea In SC Seeks Guidelines For Regulating Protests Causing Obstruction To Public Spaces
4 years, 11 months ago

Plea In SC Seeks Guidelines For Regulating Protests Causing Obstruction To Public Spaces

Live Law  

A petition was filed before the Supreme Court of India today, seeking directions to the Centre, Delhi Government as well as the Commissioner of Delhi Police, for laying down of comprehensive guidelines for regulating protests that lead to obstruction of public places. The petition, filed by BJP leader Dr. Nand Kishore Garg, states that though the contentious protests that are …

Now, Delhi Police file FIR against ex-JNU student for ‘cut off Assam’ comment
4 years, 11 months ago

Now, Delhi Police file FIR against ex-JNU student for ‘cut off Assam’ comment

Hindustan Times  

Delhi Police have booked Sharjeel Imam, one of the organisers of the anti-citizenship act protests in the city’s Shaheen Bagh, for his alleged remarks threatening to “cut-off” Assam from the rest of India, news agency ANI reported on Sunday. Delhi Police have booked Sharjeel Imam, one of the organisers of the anti-citizenship act protests The police in Assam have already …

Shaheen Bagh Protests : Plea In SC Challenges Closure Of Traffic
4 years, 11 months ago

Shaheen Bagh Protests : Plea In SC Challenges Closure Of Traffic

Live Law  

A petition has been filed in Supreme Court asking for directions to the concerned authorities to monitor the traffic situation in parts of South Delhi which has arisen due to anti-CAA protests in Shaheen Bagh.The petitioner, a lawyer named Amit Sahni, had taken his grievance to the Delhi High Court where the same was disposed of by asking the authorities …

HC Can Consider Review petition Though SC Dismissed SLP In Limine: SC [Read Judgment]
5 years, 10 months ago

HC Can Consider Review petition Though SC Dismissed SLP In Limine: SC [Read Judgment]

Live Law  

The Supreme Court has held that a review petition is maintainable before the High Court seeking review of its judgment against which the special leave petition was dismissed in limine. In Khoday Distilleries Ltd vs. Sri Mahadeshwara Sahakara Sakkare Karkhane Ltd. the following issue was referred to a three judge bench: Whether review petition is maintainable before the High Court …

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