Supreme Court Says Protest Sites Cannot Be Occupied Indefinitely

The Supreme Court on Tuesday observed that no individual or organisation can occupy a designated protest site indefinitely, stressing that such locations must be made available to different groups for specified periods. A bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana made the remarks while hearing petitions related to protests in Delhi and their impact on public life. The Chief Justice noted that everyone has the right to protest and questioned how other groups, including farmers and journalists, could use public spaces if one group occupied them permanently. Solicitor General Tushar Mehta told the court that permission for a protest on July 20 had been granted for just one day, but the demonstrators allegedly occupied the area for 17 days and later planned a march towards Parliament without permission.

Representing Delhi’s business associations, senior advocate Mukul Rohatgi expressed concern over the disruption to commercial activities during the festive season. He said traders were suffering losses and urged the court to consider restrictions on protests and sit-ins in the national capital for the next two months. The bench emphasised that the right to peaceful protest must be balanced with the right to conduct business and earn a livelihood. It also asked the traders’ associations to include the organisations that conducted the protests as parties to their petition and sought details of the alleged business losses. The court issued notices to the Centre and other concerned authorities, seeking their responses. It has not imposed a two-month ban on protests.