• About Us
  • Privacy Policy
  • Terms of use
  • Contact Us
Friday, January 22, 2021
Law Trend
  • google-play
  • apple-store
  • Login
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend - हिन्दी
  • Bare Acts and Rules
    • Central
    • State
  • Webinar
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
No Result
View All Result
Law Trend
No Result
View All Result

Supreme Court: Occupation of Public Ways for Protest is not Acceptable

by Law Trend
October 7, 2020
in Judgements, Trending Stories
4 min read
Supreme Court New Image (8)
526
SHARES
1.5k
VIEWS
Share on FacebookShare on TwitterShare via WhatsappShare via EmailPinterest

On 7th October 2020, a three-judge bench of the Supreme Court comprising Hon’ble Justice Sanjay Kishan Kaul, Hon’ble Justice Aniruddha Bose and Hon’ble Justice Krishna Murari passed their order in the case of Amit Sahni vs Commissioner of Police & Ors, in connection with Shaheen Bagh Protest.

Hon’ble Judges of Supreme Court observed that they have no hesitation in concluding that occupation of public ways is not acceptable and the administration ought to take action to keep the areas clear of encroachments or obstructions.

The Supreme Court referred to the genesis of the case, which starts from the Citizenship (Amendment) Act, 2019. The Supreme Court observed that many petitions had been filed in the Supreme Court under Article 32 of the Constitution of India assailing the legality and constitutionality of this amendment, which is pending before the Court. The Supreme Court also acknowledged the fact no stay has been issued against the legislation as of now.

Hon’ble Supreme Court Court then referred to its order dated 17.02.2020 where it was mentioned that even though the legislation was challenged the right to protest is with the people, but the question was how and where the protests should carry on.

The Supreme Court Court then referred to Writ Petition (Civil) No. 429/2020 which was filed in the Delhi High Court where the relief sought was to open the public road Kalindi Kunj-Shaheen Bagh stretch, including the Okhla underpass which was occupied by the people protesting against the CAA.

It was directed by the Delhi high court that the respondents shall look into the grievance of the petitioners while ensuring the law and order situation remains stable. 

However, the situation remained the same at the site of the protest, so the petitioner filed an SLP before the Supreme Court.

Proceedings Before the Supreme Court

During the proceedings, some intervention applications were filed by people who sympathised with the protest. The Supreme Court Court, through its order dated 17.02.2020 shared their concern with one of the lawyers stating that there may be persons of different points of view who may tomorrow seek to emulate this protest and such a scenario would only lead to a chaotic situation. Such kind of protests was, thus, required to cease on public ways everywhere.

The Supreme Court Court devised a new solution, and two interlocutors – Mr Sanjay R. Hegde and Ms Sadhana Ramachandran were sent to the protest sites to hear out the grievance of the protestors.

The report that was submitted by the interlocutors stated that the demands of the protestors were varied, and there were multiple stakeholders in the protest.

No amicable solution could be reached even with the help of interlocutors.

The Supreme Court Court also observed that due to the COVID -19 pandemic the streets that were occupied by the protestors had been cleared and so the relief that was sought in the first place has been granted by nature.

The Decision of the Court

Supreme Court acknowledged the fact that protestors have a right to hold peaceful protests if they think that their rights were being jeopardised. A reference was made to peaceful protest against the British occupation of our country through which our country got its freedom. 

It was also mentioned that places like the Jantar Mantar in New Delhi had been earmarked to hold peaceful protests.

However, the Supreme Court Court held that occupation of public ways, whether at the site in question or anywhere else for protests is not acceptable and the administration ought to take action to keep the areas clear of encroachments or obstructions.

Supreme Court Court also observed that the High Court of Delhi should have monitored the situation rather than dispose of the petition. It was also observed that the duty of respondents was to control the situation and produce the result, and they should not look up to courts for directions on how to carry out their duty. 

It was further stated by the Supreme Court Court that administration should act is their responsibility, and they should not hide behind the court orders or seek support therefrom for carrying out their administrative functions. 

The proceedings in the instant case have been closed by the Hon’ble Supreme Court.

Case Details:-

Title:- Amit Sahni vs Commissioner of Police & Ors

Case No.: CIVIL APPEAL NO. 3282 OF 2020

Date of order: 07.10.2020

Coram: Hon’ble Justice Sanjay Kishan Kaul, Hon’ble Justice Aniruddha Bose and Hon’ble Justice Krishna Murar

Advocates: Counsel for the applicants Mr Mehmood Pracha; Mr Tushar Mehta for the respondents 

Read Judgment
Tags: latest judgementprotestSupreme Courtsupreme Court Judgment

Related Posts

Supreme Court New 5
Trending Stories

Criminal Courts Cannot Act as Recovery Agent While Granting Bail: Supreme Court

January 22, 2021
mirzapur
Trending Stories

Supreme Court Issues Notice to Makers of Mirzapur Web Series and Amazon Prime

January 22, 2021
Lucknow HC Nov 2020 2
Trending Stories

When Contempt Jurisdiction Can be Invoked? Allahabad HC

January 22, 2021

POPULAR NEWS

  • advocate sticker fortuner

    Where is the Provision of Using Advocate Sticker on Vehicle?

    5016 shares
    Share 2006 Tweet 1254
  • What is the tenure of protection granted under Anticipatory Bail? :SC 5 Judges

    4804 shares
    Share 1921 Tweet 1201
  • Air Asia Crashes Against Gaurav Taneja; Court Says Airline Suppressed Facts

    4632 shares
    Share 1853 Tweet 1158
  • Husband-Wife Take Oath as High Court Judge

    3245 shares
    Share 1298 Tweet 811
  • Is Using Stickers of ‘‘Advocate’’ on Vehicle legally Allowed?

    3175 shares
    Share 1270 Tweet 794
Law Trend

Rabhyaa Foundation has started this platform on values enshrined in the Preamble of the Constitution of India. The object of this platform is to create informed citizens with recent legal updates, Judgments, Legislations of Parliament and State Legislatures, and views of experts in the field of law, in plain and pointed language, for the intellectual development of citizens.
Our tag line “The Line of Law” guides that this......
Read More

Follow Us On Social Media

Subscribe to our News Letter

Sign Up for weekly newsletter to get the latest news, Updates and amazing offers delivered directly in to your inbox.

Categories

  • Trending Stories
  • Court Updates
  • Columns
  • Bare Acts and Rules
  • Online Internship
  • About Us
  • Privacy Policy
  • Terms of use
  • Contact Us

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

No Result
View All Result
  • Home
  • About Us
  • Trending Stories
  • Court Updates
  • Judgements
  • Law Trend – हिन्दी
  • Bare Acts and Rules
    • Central
    • State
      • Uttar Pradesh Acts
      • Uttar Pradesh Rules
      • Uttrakhand
      • DELHI
  • Webinar/Videos
  • Columns
  • Online Internship
  • More
    • Humour
    • Submit Judgment/Order/Posts
    • Quotes
    • Legal Dictionary
    • Courts Weblink
  • Android App
  • IOS APP

© 2020 Law Trends| All Right Reserved | Designed ByAaratechnologies Pvt Ltd

Welcome Back!

Login to your account below

Forgotten Password?

Create New Account!

Fill the forms bellow to register

All fields are required. Log In

Retrieve your password

Please enter your username or email address to reset your password.

Log In