
Taking note of the inconvenience caused to commuters, the Supreme Court on Monday appointed an interlocutor to convince the Shaheen Bagh protesters to lift the road blockade and move it elsewhere. Several people, mostly women, have been protesting at the site against the contentious Citizenship (Amendment) Act for more than 50 days now.
“We are not saying that people don’t have the right to raise their concerns. The question is where to protest? Because if this continues on the roads today for this legislation, tomorrow it could be done for another legislation,” Justice Kaul said.
The top court also wondered if anyone could be appointed to hold talks with the protesters. “Reason must prevail on this (protesters) side also,” the court observed.
In its last hearing, the apex court had said that protests must be held in “identified areas” and protesters cannot block public roads and cause inconvenience to others.
“You cannot block public roads. There cannot be indefinite period of protest in such an area. If you want to protest, it has to be in an area identified for protest,” said a bench comprising Justices S K Kaul and K M Joseph. “You cannot create inconvenience for the people,” it said.
“There’s a law enacted, and challenge to it is pending in the Court. It’s fine that some people may want to protest. The protests have gone on for many days… There must be an area where you can protest. It cannot be held wherever one wants. It has to be in identified area… Otherwise people will go and protest anywhere,” said Justice Kaul, adding that protests cannot be held at the cost of the citizens’ interests.
The court was hearing petitions filed by Advocate Amit Sahni and Delhi BJP leader Nand Kishore Garg on the traffic disruption due to the protests.
Advocate Shashank Deo Sudhi, appearing for Garg, had then urged the court to pass an interim direction, saying people have been facing difficulties for several days now. The bench, however, declined the request. “If you have waited for over 50 days, you can wait for some more days,” it said.
Sahni had earlier approached the Delhi High Court, seeking directions to the Delhi Police to ensure smooth traffic flow on the Kalindi Kunj-Shaheen Bagh stretch. The HC had asked the police to look into the matter.
Garg, in his petition, said the law enforcement machinery was being “held hostage to the whims and fancies of the protesters”, and sought the court’s intervention to formulate guidelines for protests in public places.
Hundreds of people, mostly women, are currently holding a 24/7 protest at Shaheen Bagh against the Citizenship Amendment Act and a proposed nation-wide implementation of the National Register of Citizens. The protest has been underway since December 15 last year.