Case Title: KANIZ FATIMA & ORS. v. COMMISSIONER OF POLICE & ORS.
The Supreme Court dismissed a review petition filed against the Shaheen Bagh Judgment, which held that dissenting demonstrations must take place only in designated areas.
Justices Sanjay Kishan Kaul, Aniruddha Bose, and Krishna Murari dismissed the review petition, stating that the right to protest cannot be exercised at any time and in any place. Adding to that bench observed:
"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 spontaneous protests but in case of prolonged dissent or protest, there cannot be continued occupation of public place affecting rights of others"
In light of recent developments and subsequent observations made during the farm laws' challenge hearings on the right to protest, the women protestors of Shaheen Bagh petitioned the Supreme Court for a joint hearing of the pending review petition filed against the Shaheen Bagh judgement with the farm laws petition.
The petitioner argued in the petition that the judgement under review is primarily concerned with citizens' right to protest government policies.
While dealing with the said issue, this Court made certain observations and made some findings concerning the said right to protest, and according to the current petitioner/applicant, the said observations take away the fundamental right to protest and upset the very concept of dissent, which is one of the foundations on which our democracy stands.
In the Amit Sahani judgment, the bench comprising Justices Sanjay Kishan Kaul, Aniruddha Bose and Krishna Murari observed that:
"We have, thus, no hesitation in concluding that such kind of occupation of public ways, whether at the site in question or anywhere else for protests are not acceptable and the administration ought to take action to keep the areas clear of encroachments or obstructions."