A Supreme Court bench led by Chief Justice Surya Kant ruled that prolonged public demonstrations cannot infringe upon the livelihoods of hawkers, daily wagers, and vendors. The judgment arrived during proceedings over a traders' association petition demanding Rs 1,000 crore in damages for festive season disruptions caused by opposition coalitions. To assign financial liability, the court ordered the specific protest organizers and political parties to be officially impleaded in the lawsuit. Additionally, Delhi Police justified denotifying Jantar Mantar as a protest venue due to heightened security needs near the new Parliament building.
Key points
Constitutional rights to demonstrate are not absolute and must balance against the rights…: Constitutional rights to demonstrate are not absolute and must balance against the rights of vendors and daily wagers to conduct business.
Demonstrators and political organizers may face direct financial accountability for comme…: Demonstrators and political organizers may face direct financial accountability for commercial losses triggered by unpermitted strikes and public agitations.
Jantar Mantar was denotified as a protest venue to safeguard constitutional institutions…: Jantar Mantar was denotified as a protest venue to safeguard constitutional institutions and manage security near the new Parliament building.
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SC says no group or political outfit can occupy a protest site indefinitely, stresses need to balance the right to protest with traders’ and daily-wagers’ livelihoods
NEW DELHI: Supreme Court on Tuesday said no group, political party, NGO or civil society outfit could occupy a protest site indefinitely.A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said there were competing fundamental rights right to carry on trade and business and right to free speech and expression when senior advocate Mukul Rohatgi, appearing for traders, said the court must restrain all parties, NGO and civil society groups from holding protests in Delhi for the next two months to enable businesses to resume and to ensure that workers got their due.The court asked a traders’ association, which has sought Rs 1,000 crore in damages due to protests by CJP and opposition INDIA bloc during the festive season, to implead the protest organisers in the case for determination of compensation and how it is apportioned if it is awarded.Solicitor general Tushar Mehta said those who call for bandhs…
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