On 9 Feb 2021, While reviewing a petition by a Shaheen bagh resident Kaniz Fatima and others who were seeking a review of Last years verdict in which Apex Court held that public spaces cannot be occupied indefinitely and demonstrations expressing dissent have to be in designated places alone, Supreme Court observed that “right to protest cannot be anytime and anywhere”.
The bench of Justices S K Kaul, Aniruddha Bose, and Krishna Murari reviewing the petition also said “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 a public place”.
While rejecting the review petition, the court remarked “We have perused the Review Petition and record of the Civil Appeal and are convinced that the order of which review has been sought, does not suffer from any error apparent warranting its reconsideration”. The bench in its judgment also said that Democracy and Dissent go hand in hand, but the demonstration of the dissent has to be in a designated place and shouldn’t cause inconvenience to the commuters.
In its previous order on October 7, 2020, the court had concluded that protesters should express their dissent only in designated areas chosen by the administration. The right to dissent should not hamper the right of movement of the public. Protests should not become a nuisance. Though this Supreme Court reassured about the Right To Protest, it also made clear that public places cannot be occupied indefinitely and cause inconvenience to the public. Thus the Supreme Court found no error in the previous order for which the review was sought and herby rejected the Petition.