Supreme Court judgment on Shaheen Bagh protests "judicial sanction" for "police excesses": Review petition in SC

A group of 12 protesters who were a part of the Shaheen Bagh protests early this year have moved the Supreme Court seeking a review of its October 7, 2020 judgment in which the top court had ordered that "demonstrations expressing dissent have to be in a designated place alone.".Kaniz Fatima and 11 other Delhi residents who took part in the Shaheen Bagh protests have stated that the top court through its judgment "appear to be giving way to an unrestricted sanction to the police to take action by misusing these observations.".Mode and manner of dissent against colonial rule cannot be equated with dissent in self-ruled democracy: SC in Shaheen Bagh verdict.The review plea states that the SC order has given primacy to one aspect of the public importance which is regulation of protests while rendering another aspect of public importance i.e. right to criticise the government policies by assembling peacefully at a public place without arms, nugatory.."Such observations may prove to be a license in the hands of the Police to commit atrocities on legitimate voice of protest, especially the protesters coming from the vulnerable sections of the social strata. Again this aspect is an error of law apparent," the petition states..On October 7, a Justice Sanjay Kishan Kaul led bench of the Supreme Court had held that dissent under colonial rule cannot be equated with dissent in self-ruled democracy and demonstrations expressing dissent have to be in a designated place alone,"Occupation of public ways, whether at the site in question or anywhere else for protest is not acceptable and the administration ought to have taken action to keep the areas clear from encroachments or obstructions," the court had said. The court had also expressed hope in its judgment that a situation like Shaheen Bagh "does not arise in future and protests are subject to the legal position enumerated" in the judgement..The review plea in the top court filed through advocate Kabir Dixit states that except for the brief interaction with the interlocutors appointed by the apex court, none of the protesters had an opportunity to make submissions before the Supreme Court..[Breaking] Shaheen Bagh protests: "Public spaces cannot be occupied indefinitely", Supreme Court.The petitioners have submitted that the observations in the judgment are troublesome especially when the act of police in the recent past of arbitrarily beating students and protesters, are taken into account. ."The observations (in the judgment), have clothed the Police with an arbitrary discretion to attack any peaceful protester,"the review petition states. .It has further been submitted that the judgment would lead to a situation wherein the administration would never engage in dialogue with protesters, protesting against a government policy or action, but would instead take action against them including their prosecution..Further, the petitioners have contended that the top court by holding that the administration ought to take action to keep public spaces clear of encroachments or obstructions, has taken away the Constitutional protection guaranteed to peaceful protestersThe review plea states that the only way for citizens in a democracy, to show their dissent towards legislations, policies and other governmental acts and omissions, is by way of peaceful protests.."To put any kind of curb on this freedom to show dissent leaves the citizens with no resort whatsoever to voice their concerns," the petition states..It is their case that protests such as the one at Shaheen Bagh cannot be subjected to the "atrocities at the hands of a muscular administration which has targeted to vulnerable citizens of the country wherever any peaceful protest have become politically inconvenient to the elected representatives in power".."Already the strength of the mighty police administration is such that on various occasions, the same police system does not follow the judgement of this Hon’ble Court when it comes to registration of FIR in relation to cognizable offences and keeps the complaints pending for months,"the petition submits. .Such judicial pronouncements holding that ‘designated places alone’ should be used for protests will "upset the very concept of dissent and protest" and give "judicial sanction to police excesses," the plea adds.