Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | (b) Right to protest Constitution of India subject to reasonable restrictions Protests 2019 Citizenship (Amendment) Act Arts.19(1)(a) |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Act(s) Referred | Constitution of India |
Case(s) Referred | Referred Case 0 Referred Case 1 Referred Case 2 |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Constitution of India – Arts.19(1)(a), (b) – Right to protest,subject to reasonable restrictions – Citizenship (Amendment) Act,2019 – Protests in different parts of the country – Kalindi Kunj-Shaheen Bagh stretch, including Okhla underpass blocked in Delhi– Public roads encroached – Writ Petition filed before Delhi HighCourt – Disposed of with directions to authorities – Situationremained the same – Present appeal; intervention applications byvarious parties – Two interlocutors appointed, their efforts notsuccessful – Arrival of Coronavirus pandemic – Site cleared withsome police action – Held: Reliefs in the present proceedings thoughworked themselves out – Art.19 confers upon its citizens, the rightto freedom of speech and expression and the right to assemblepeacefully without arms – However, these rights are subject toreasonable restrictions – Present case was not even one of proteststaking place in an undesignated area, but was a blockage of apublic way causing grave inconvenience to commuters – Such kindof occupation of public ways for protests is not acceptable – Publicways, spaces cannot be occupied indefinitely. |
Judge | Hon'ble Mr. Justice Sanjay Kishan Kaul |
Neutral Citation | 2020 INSC 579 |
Petitioner | Amit Sahni |
Respondent | Commissioner Of Police & Ors. |
SCR | [2020] 12 S.C.R. 151 |
Judgement Date | 2020-10-07 |
Case Number | 3282 |
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