The Supreme Court has categorically stated that no one can occupy a place indefinitely for holding a protest, and that even in places reserved for protests, a specific time limit must be set.
The court made this observation while hearing a case related to the massive protests held by opposition parties at Delhi’s Jantar Mantar and Ramlila Maidan against the Election Commission of India.
During the hearing of this case, Chief Justice Surya Kant remarked, "You cannot occupy a place all the time. Others also have the right to hold protests. Where will other groups such as farmers or lawyers go? Everyone has the right to protest." He also directed the Central Government and other parties to respond to the petition filed by trade organizations seeking a ban on protests during festival seasons.
Appearing on behalf of the central government, Solicitor General Tushar Mehta argued, "Those who call for a protest must bear full responsibility for its consequences as well." He further said, "Permission was granted for only one day for the protest held on July 20. However, the protesters occupied the place and marched toward Parliament. Parliament is not an ordinary political building. No one can march toward Parliament or the Supreme Court."
Traders had filed a petition stating that their livelihoods had been severely affected by these continuous protests. Senior advocate Mukul Rohatgi, appearing on behalf of the traders, noted, "Around 50 lakh people live around the areas where the protest took place. All the shops were closed; the Connaught Place area looked deserted, with no people moving about."
The bench comprising Justices Jaymala Bagchi and V. Mohana, which heard this petition filed by the traders, ordered that the organizations and parties that organized the protest should also be included in the traders’ petition. It also clarified that only then can the court reach a decision in this matter.
Praveen Khandelwal, the general secretary of the Confederation of All India Traders (CAIT) and an MP, has welcomed this intervention by the Supreme Court. "The Supreme Court's observations underscore the need to maintain a constitutional balance between the fundamental right to peaceful protest and citizens' right to carry on their trade and earn a livelihood," he said.
It is noteworthy that the Supreme Court had issued a notice to the Election Commission to respond by October 15 to the petition filed by Congress MP Rahul Gandhi and 12 opposition leaders regarding the large-scale deletion of names from the voter list and irregularities in the SIR (SIR) process. Protests were held in Delhi over this issue. Earlier, the government had removed Jantar Mantar’s status as a “designated place for protests” and announced three alternative venues, including Ramlila Maidan.