SC says protest sites cannot be occupied indefinitely amid Delhi traders’ plea
No court can determine issues unless traders' bodies make all protesting organisations parties, the bench said
The Supreme Court on Tuesday (November 3) said that protest sites cannot be occupied at “all times to come”. The remarks came during the hearing of a plea by traders’ organisations urging the top court to halt the ongoing protests against Chief Election Commissioner Gyanesh Kumar.
What CJI said
Several pleas, including the one filed by the Kirana Committee Delhi alleging loss of business due to a protest at the Ramlila Maidan, were being heard by a bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana.
“You can't occupy a site at all times. Where will farmers, journalists, etc., go? Everyone has the right to protest. Designated time must be given for a designated period,” the CJI said.
The CJI further stated that orders granting permission for holding protests must clearly mention the terms and conditions under which permission is granted.
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"You can't prevent other people, that I am doing protest now you can't," the CJI said as quoted by Live Law.
Fifty lakh people live in areas near the protest site and all shops remain closed and there is nobody in CP today, senior advocate Mukul Rohatgi, appearing on behalf of the traders, said.
"I represent all trading associations in Delhi...all shops remain closed, there's nobody in CP today. If you don't sell during festive season...our sales are down. My request is - they must look at some out of the box solution," added Rohatgi.
Court seeks all protest groups to be made parties
No court can determine issues unless traders' bodies make all protesting organisations parties, the bench said.
Appearing for Delhi Police, Solicitor General Tushar Mehta stated that permission for protest at Jantar Mantar was granted for only one day, but the protesters kept the site occupied for 17 days.
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Mehta further stated that the protesters had earlier marched towards the Parliament, adding that they could not be allowed to head towards the Parliament or the Supreme Court without having prior permission.
On October 15, the bench had sought responses from the Election Commission and others on a plea filed by Congress leader Rahul Gandhi and 12 opposition leaders over alleged large-scale voter deletions and SIR irregularities.
(With agency inputs)