New Delhi: The Supreme Court on Tuesday observed that designated protest sites cannot be occupied indefinitely, stressing the need to balance the right to protest with the rights to trade, conduct business and earn a livelihood.
The court asked the Kirana Committee Delhi, a traders’ body, to implead parties belonging to the INDIA bloc in its petition seeking to stop an ongoing protest at Delhi’s Ramlila Maidan. The traders have claimed that the demonstrations during the festive season adversely affected their businesses.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi said protest sites could not be permanently occupied, as other groups, including farmers, journalists, lawyers, trade unions and homeless people, also needed space to raise their concerns.
“Everyone has a right to protest. There should be a defined time and duration for protests,” the bench observed.
The court emphasised the need to strike a balance between the right to protest and the constitutional rights to trade and carry on business.
Chief Justice Surya Kant said the issue was not limited to commercial establishments but also concerned daily-wage workers who depended on their livelihoods.
“Where will they go for their livelihood?” he asked.
Senior advocate N Hariharan, appearing in the matter, argued that Ramlila Maidan was a notified protest site. He said Jantar Mantar had already been removed from the list of designated protest venues and questioned where people would demonstrate if Ramlila Maidan was also unavailable.
