SC dismisses petition over 'right to protest cannot be anytime' verdict
Feb 13, 2021
New Delhi [India], February 13 : The Supreme Court has dismissed review petitions filed by 12 activists against its earlier verdict, which ruled that "the right to protest cannot be anytime, and everywhere."
A three-judge bench of the apex court, headed by Justice Sanjay Kishan Kaul and also comprising Justices Aniruddha Bose and Krishna Murari recently on February 9, 2021, had passed the order on the review petitions filed by 12 activists, including that of Kaniz Fatima.
The top court also refused a request made by the petitioners, in their review petition, to list the matter in an open court.
The 12 petitioners had moved the apex court and filed the review petition challenging the SC's earlier October 2020, order, holding that 'demonstrations expressing dissent have to be in designated places alone.'
While dismissing the review petitions, the top court said, "We perused the review petition and are convinced that the order of (October 2020), which review has been sought, does not suffer from any error apparent warranting its consideration."
"The right to protest can not be anytime, and everywhere. There may be some spontaneous protests, but in case of prolonged dissent, or protest, there can not be continued occupation of public place affecting the rights of others," the Supreme Court said in its order.
It 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."