Tuesday, November 26News and updates from Kashmir

Dissent Comes with Certain Duties, Cannot be Held anytime, Anywhere; Supreme Court

Reviewing the petition on the anti-citizenship law protests held in Delhi’s Shaheen Bagh in 2019 the Supreme Court of India said “The right to protest and express dissent comes with certain duties and cannot be held “anytime and everywhere.”

While Article 19(1) of the Indian Constitution says ”
(1) All citizens shall have the right
(a) to freedom of speech and expression;
(b) to assemble peaceably and without arms;
(c) to form associations or unions;
(d) to move freely throughout the territory of India;
(e) to reside and settle in any part of the territory of India; and
(f) omitted
(g) to practice any profession, or to carry on any occupation, trade, or business.

A review petition was filed by some Activists on the last year’s ruling of the Supreme Court terming the anti-citizenship law protests held at Shaheen Bagh illegal.

The three-judge bench of Justices SK Kaul, Aniruddha Bose, and Krishna Murari while dismissing the review petition said.
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“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,” Though the review petition was decided on February 9, the order came late last night.

The three-judge bench reiterated that public places cannot be occupied for protests and that public protests must be “in designated areas alone”.

“Dissent and democracy go hand in hand,” the top court had observed in its October 2020 verdict, stressing that “protests like these are not acceptable”.

Dismissing the review petition Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari held that the right to protest cannot be anytime and everywhere.

“We have considered the earlier judicial pronouncements and recorded our opinion that the Constitutional scheme comes with a right to protest and express dissent but with an obligation to have certain duties. The right to protest cannot be anytime and everywhere. There may be some protests but in case of prolonged dissent or protest, there cannot be continued occupation of public place affecting rights of others”

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