Can’t occupy a site indefinitely in the name of protest: Supreme court
Mangalore Today News Network
New Delhi, Nov 3, 2026: The Supreme Court today said no one can occupy a site indefinitely to hold a protest and even the designated sites for such activity should have a definite time period. The observations came during a hearing on the massive protest in central Delhi’s Jantar Mantar last month and the recent one at Ramlila Maidan organised by the Opposition parties and others against the Election Commission of India.
The tag of a designated protest site was removed from Jantar Mantar by the government and three alternative sites including Ramlila Maidan were announced.
The government’s top lawyer Tushar Mehta told the Supreme Court today that whoever gives the call for a protest should take responsibility for any consequence as a result of their actions.
"You cannot occupy a site for all times to come. There are other protesters also. Where will farmers or lawyers go? Everyone has a right to protest," Chief Justice of India Surya Kant said and sought responses from the Centre and others on a petition by trader organisations seeking a halt to protests during the festival season.
Mehta informed the Supreme Court that permission for the July 20 protest was given only for one day, but the protesters occupied the place and even marched to parliament.
"Parliament is not just another political building. You cannot march to parliament. You cannot march to the Supreme Court," he said.
The bench was hearing a batch of petitions including the one filed by traders and on issues of alleged mass detention, police brutalities, closure of metro stations and internet shutdown.
The bench also comprising justices Joymalya Bagchi and V Mohana told the trader organisations to make the organisers of the anti-CEC protest parties to their petition over loss of business.
Praveen Khandelwal, MP and Secretary General of Confederation of All India Traders (CAIT), welcomed the significant intervention by the Supreme Court.
Khandelwal said the observations made by the Supreme Court underline the importance of maintaining a constitutional balance between the fundamental right to peaceful protest and the equally important right of citizens to carry on their occupations and earn their livelihoods.
Some 50 lakh people live in areas near the protest site and all shops remained closed and there was nobody in Connaught Place, senior lawyer Mukul Rohatgi said on behalf of traders.
No court can determine issues unless traders’ bodies make all protesting organisations parties, it said.
On October 15, the bench had sought responses from the Election Commission and others on a plea filed by Congress MP Rahul Gandhi and 12 Opposition leaders over alleged large-scale voter deletions and SIR irregularities.