NEW DELHI, Aug 13: The Supreme Court has agreed to hear a plea raising concerns over the disruption of essential services and public movement during protests, with the issue of demonstrations affecting access to roads and other facilities coming under judicial scrutiny.
A bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana was informed by counsel for the petitioner that protests in different parts of the country have, at times, affected the movement of people and interrupted access to essential services.
The counsel pointed out that it was difficult to distinguish between protesters and ordinary commuters when public movement was obstructed during demonstrations. The petitioner sought directions to address situations where protests interfere with the ingress and egress of people and the functioning of essential services.
The bench, while acknowledging the concern, questioned how a blanket direction could be issued to deal with such situations.
The court subsequently tagged the petition with another pending plea concerning demonstrations at Jantar Mantar in the national capital.
The separate public interest litigation argues that Jantar Mantar is no longer an appropriate venue for protests because demonstrations can inconvenience residents in the surrounding areas and affect the movement of essential goods and medical services.
On August 3, the Supreme Court had agreed to examine the PIL seeking an alternative arrangement for conducting demonstrations. The plea highlighted concerns over public inconvenience and the potential impact of protests on the supply of essential commodities and access to medical facilities.
The latest proceedings bring into focus the need to balance the right to peaceful protest with the uninterrupted movement of the public and access to essential services.
The matter is expected to examine whether suitable guidelines can be framed to prevent public inconvenience while safeguarding the constitutional right to peaceful assembly.
