'Protesters cannot occupy sites indefinitely': Supreme Court steps in as traders oppose anti-CEC stir

The Supreme Court on Tuesday (November 3) asked the central government and others to respond after traders’ organisations filed a plea seeking to stop the ongoing demonstrations during the festive season. The court's remark was in the context of the ongoing protest against Chief Election Commissioner Gyanesh Kumar.

Underscoring the right to protest, the apex court observed that protesters cannot occupy a designated protest site indefinitely. This comes after the tag of a designated protest site was moved from Jantar Mantar to three alternative sites, including Ramlila Maidan.

On the development, the government's top lawyer Tushar Mehta told the Supreme Court on Tuesday that whoever calls for a protest must take responsibility for any consequences during the course of the demonstrations. "You cannot occupy a site for all time to come. There are other protesters also. Where will farmers or lawyers go? Everyone has a right to protest," Chief Justice of India Surya Kant said.

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Protest granted for one day

Mehta told the Supreme Court that permission for the July 20 protest had been granted for just one day, yet the demonstration remained at the site and went on to march toward Parliament. He argued that Parliament isn’t simply another political building, emphasising that marches cannot be directed at either Parliament or the Supreme Court.

The bench was examining a set of petitions, including one brought by traders, alongside concerns over alleged mass detentions, police misconduct, metro station closures, and internet suspensions linked to the protests.

The bench, which also included Justices Joymalya Bagchi and V Mohana, directed the trader organisations to add the organisers of the anti-CEC protest as respondents in their petition concerning business losses. Praveen Khandelwal, MP and Secretary General of the Confederation of All India Traders (CAIT), welcomed the Court’s intervention as significant.

According to Khandelwal, the Court’s remarks highlight the need to maintain a constitutional balance between the fundamental right to peaceful protest and citizens’ equally important right to pursue their occupations and earn a livelihood.