The Supreme Court on Tuesday made a stern observation on the prolonged protests in Delhi while hearing a plea by the Delhi Kirana Committee seeking a ban on agitations during festive seasons. Chief Justice of India Surya Kant said, "You cannot occupy a site for all times to come. There are other protesters also. Where will farmers or lawyers go? Everyone has a right to protest."
"Designated time must be given for designated period," the CJI added. While accepting the plea to be taken up, th apex court asked petitioners to make all protesting organisations party in the case. In a significant observation, the top court said that the right to protest and the right to work and trade are both constitutional rights.
Senior Advocate Mukul Rohtagi, who was appearing for the traders' associations, submitted that the protests have disrupted commercial activities in Delhi during the festive season.
"All shops remain closed, there's nobody in CP today. If you don't sell during festive season...our sales are down. My request is - they must look at some out of the box solution," Rohtagi said.
Solicitor General Tushar Mehta, representing the government, argued that whoever gives the protest call should take responsibility for any consequence as a result of their actions. He also urged the top court to direct no dharna or protest takes place for the next two months.
While the CJI observed that permission orders must clearly define the terms and conditions, Mehta submitted that at Jantar Mantar, the protest was permitted for just one day but lasted for 17 days.
Senior Advocate Menaka Guruswamy submitted that Jantar Mantar was designated protest site back then and the violence was allegedly perpetrated by the Delhi Police. Another senior advocate N Hariharan argued against the plea saying the protests didn't affect business but the Delhi Police barricading did.
Senior advocate OV Dinesh remarked that there would be trader at every protest site. "Every site, there would be some trader. it's a democratic process," he said.