Right to protest can't justify endless occupation of a site: SC

Supreme Court on Tuesday said no group, political party, NGO or civil society outfit could occupy a protest site indefinitely. A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said there were competing fundamental rights right to carry on trade and business and right to free speech and expression when senior advocate Mukul Rohatgi, appearing for traders, said the court must restrain all parties, NGO and civil society groups from holding protests in Delhi for the next two months to enable businesses to resume and to ensure that workers got their due.

The court asked a traders' association, which has sought Rs 1,000 crore in damages due to protests by CJP and opposition INDIA bloc during the festive season, to implead the protest organisers in the case for determination of compensation and how it is apportioned if it is awarded. Solicitor general Tushar Mehta said those who call for bandhs and agitations must bear responsibility towards compensating the loss caused to others. The bench asked Rohatgi to make the individuals, organisations and political parties responsible for protests and the resultant closure of shops parties in the petition.

When senior advocates Menaka Guruswamy, Arundhati Katju, N Hariharan and others simultaneously argued that protests were part of the right to free speech and right of dissent in a democracy, the bench said, "The right to protest and right to trade and business are both constitutionally recognised fundamental rights. We are not talking about trade in the commercial sense." CJI Kant said, "We are talking in terms of the source of livelihood of daily wagers, hawkers, rediwalas, sabziwalas – where will they go? Hence, a protest site must be identified which allows people to protest without hampering the livelihood of daily wagers." The CJI emphasised that the right to protest was not an absolute right. "One set of protesters cannot occupy a designated protest site for all times to come... Everyone has a right to protest and they should be given a definite time period to protest...," he added.

Mehta said, "Calling for a protest without permission and asking people to march to Parliament cannot be permitted." On denotification of Jantar Mantar as a designated protest site, Delhi Police commissioner Anurag Kumar said the decision was taken based on the recommendations of a committee constituted following the SC's July 2018 order for regulating protests at Jantar Mantar.

"The proximity of the new Parliament premises has further enhanced the significance of regulating activities in the surrounding areas, having regard to the security and uninterrupted functioning of a vital constitutional institution."