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SC says anti-CAA protesters at Shaheen Bagh cannot block public road

The Supreme Court on Monday said anti-Citizenship Amendment Act protestors at Delhi’s Shaheen Bagh cannot block a public road, causing inconvenience for the common people.

A division bench comprising Justices S K Kaul and K M Joseph issued notice to the Centre, Delhi government and Delhi Police, while hearing a plea seeking removal of protesters from Shaheen Bagh.

The bench, however, said people are entitled to protest but they have to do so in an area designated for protests.

“You can’t block a public road. How can you continue protests at common areas? You can’t block the entire city. It has to be in an area identified for protests,” the court observed.

The anti-citizenship law protests have been going on in the area since December 15 last year.

Listing the matter further hearing on February 17, Justices Kaul and Joseph said it is not going to pass any order without hearing the other side.

The court had adjourned the hearing of the matter listed on Friday, a day before Delhi polls, saying that it did not want to “influence” the election.

“We understand there is a problem and we have to see how to resolve it. We will take it up on Monday. We will be in a better position by then,” it had said.

The plea, filed by BJP leader Nand Kishore and others, has sought “comprehensive and exhaustive guidelines” for restrictions on protests and agitations in public places, in view of the continuous sit-in protest at Shaheen Bagh.

Around 700 women, some of whom with children, have been camping since December 15 and refused to move till the controversial statute is withdrawn.

On January 14, a Delhi High Court bench of Chief Justice DN Patel and Justice C Hari Shankar had held that the police have all power, jurisdiction, and authority to control the traffic, wherever protests or agitations are going on, in the larger public interest.

While disposing of the petition filed by advocate and activist Amit Sahni, the court had said that maintaining law and order is a state function and authorities concerned should look into it in the larger interest of public.

The Kalindi Kunj-Shaheen Bagh Stretch i.e. Road No. 13 A (between Mathura Road and Kalindi Kunj) as well as Okhla underpass, were closed on December 15, 2019, due to the protests as a temporary measure, but the road closure was extended from time to time till date.

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