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Even proper to protest subjected to affordable restrictions- SC on overview petition towards Shaheen Bagh verdict

The Apex Court dismissed the review petition filed against the Shaheen Bagh judgment, wherein the court held that dissenting opinion can be expressed through demonstrations and protests, but at designated places only.

The bench repudiated the petition and stated that right to protest cannot be anytime and everywhere. Ones expressing dissenting opinion need to comply with certain duties or obligations.

The bench observed that prolonged protest violates rights of other citizens’ and thus continued occupation of a public place could not be allowed.

The women protestors approached Supreme Court and sought for joint hearing of pending review petition and farm laws petition, as observations made during farm laws attempts to challenge the right to protest.

The petitioner pleaded that judgment needs to be reviewed as it is the right of citizens’ to express dissent opinion against the policies of government.

The petitioners are raised their concern with regard to the legality and extent of right to protest at public places during the on-going farmers’ protest. They stated that there is a contrasting opinion when compared with judgement delivered in the year 2020.

On 17.12.2020, the Supreme Court was of the view that farmers’ protest should be allowed, without any breach of peace by protestors or police officials.

The petitioners contended that fundamental rights cannot be applied discriminately nor their rights could be segregated.

However, the review petition against the Shaheen Bagh judgment as well as the plea to conduct joint hearing with farmers’ petition was dismissed by the Apex Court.

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