Supreme Court agrees to hear a plea on disruption of essential services and public movement during protests and tags it with the pending Jantar Mantar case.

New Delhi: The Supreme Court has agreed to hear a plea raising concerns over the disruption of essential services and difficulties faced by the public in moving from one place to another during protests and strikes.

A three-judge Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana directed that the petition be tagged with an existing matter concerning the designation of venues for protests, rallies and public gatherings.

Appearing for the petitioner, counsel submitted that protests often disrupt essential services and significantly affect public movement. Taking note of the pending matter concerning protest sites, the Chief Justice directed that the fresh petition be heard along with the existing case.

During the hearing, however, the Chief Justice questioned the feasibility of granting the specific relief sought by the petitioner and asked how the Court could issue directions of such a broad nature. The Bench nevertheless agreed to consider the plea.

Jantar Mantar Protest Venue Case Already Pending

The existing proceedings before the Supreme Court concern the use of Delhi’s Jantar Mantar as a venue for protests and public gatherings. The petition has raised questions regarding the suitability of the location in view of safety, logistical and public convenience concerns.

The plea has also sought directions for designating an alternative venue for protests and public demonstrations. By tagging the fresh petition with the pending Jantar Mantar matter, the Supreme Court is likely to consider the wider issues surrounding the regulation of protests and their impact on public life together.

Balancing Right to Protest With Public Convenience

The matter assumes significance in the context of the constitutional right to protest. Article 19(1)(a) of the Constitution guarantees freedom of speech and expression, while Article 19(1)(b) guarantees the right to assemble peacefully and without arms. These rights, however, are subject to reasonable restrictions on constitutionally permitted grounds, including public order.

The issue before the Supreme Court is therefore likely to involve balancing the right to peaceful protest with the need to ensure that hospitals, emergency services, public transport and ordinary movement of citizens are not unnecessarily disrupted.

The matter also comes against the backdrop of student protests that began in June following a call by the online collective Cockroach Janta Party. The protesters had sought the resignation of then Union Education Minister Dharmendra Pradhan over alleged repeated question paper leaks. The protests later culminated in a “Sansad Chalo” march towards Parliament on July 20.

The Supreme Court’s decision to tag the fresh plea with the pending matter could bring broader questions concerning designated protest sites, public access, essential services, law and order, and the constitutional limits on regulation of demonstrations before the Court.