“Democracy and dissent go hand in hand but protest must be carried out in designated area.”

    Shaheen Bhag is situated in the South Delhi district of Delhi (India). It is in the U.P. border and the southernmost colony of the Okhla (Jamia Nagar) area and situated along the banks of river Yamuna.

    The Shaheen Bhag protest, was peaceful protest which consist mainly of the Muslim Women. The protesters since 14 December 2019, blocked a road for 101 days as of 24 March 2020. The protest ended on 24 March as police vacated the site due to the coronavirus Pandemic.

    They are protesting against the passage of the Citizenship (amendment) Act, CAA in the both houses of parliament on 11 December 2019 and the intervention against the students of the Jamia Millia Islamia, who were opposing the Amendment.

    On 7th October 2020, Wednesday, the Supreme Court held that the protest led by the mothers, children and the senior citizen of the Shaheen Bhag against the CAA by blocking the Public Road is ‘Not Acceptable’.

    The bench consists of Justice S.K.Kaul, Aniruddha Bose, Krishna Murari and led by Justice Sanjay Krishna Kaul. He said that any public property or public space cannot be occupied for the indefinite time period.

    The court also recognizes that the right to peaceful protest was a constitutional right but it is not an absolute right, there are several restrictions also. And here the blockading of the Public roads causes inconvenience to other people and infringe their rights of free movement from one place to another.

    The court also said that this is the duty of the administration to present such a situation like the encroachment of public places. The administration should not wait for the court to pass orders, instead they should take proper action to avoid people blocking public places and causing inconvenience to others.

    This Judgment came on a petition which was filed by Advocate Amit Sahni, to shift the place of protesters to any other alternative site, because it blocks the public movement and causes Traffic Jam.