SC to hear plea over disruption of essential services during protests

The Supreme Court has agreed to hear a plea raising concerns over the disruption of essential services during protests and strikes, while questioning the nature of directions that could be issued to address the problem. A Bench comprising Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V Mohana directed that the petition be tagged with another pending case concerning designated venues for protests, rallies and similar gatherings.

Court questions scope of directions

During the hearing, counsel for the petitioner told the Court that essential services are affected when protests take place and that movement in and out of affected areas becomes difficult. The petitioner also raised concerns over distinguishing protesters from other members of the public when demonstrations disrupt access and movement. The CJI pointed out that a separate case dealing with venues for protests and rallies was already pending before the Court and directed that the latest petition be heard along with it.

The Bench, however, questioned how the Court could issue the kind of direction sought in the petition, while making it clear that the matter would be considered.

Jantar Mantar case already pending

The connected case concerns the use of Jantar Mantar in Delhi as a venue for public protests and gatherings. The petition in that case argues that Jantar Mantar is no longer suitable for demonstrations because of safety and logistical concerns and has sought directions for an alternative protest venue to be designated.

The plea was filed against the backdrop of student protests that began in June following a call by the online collective Cockroach Janta Party (CJP). The protesters had demanded the resignation of then Union Education Minister Dharmendra Pradhan over repeated question paper leaks.

The demonstrations culminated in a “Sansad Chalo” march towards Parliament on July 20.

Centre asked to examine issue

When the Jantar Mantar matter came before the Supreme Court on August 3, the Bench asked Solicitor General Tushar Mehta to take instructions on the issue.

The latest petition will now be considered alongside that case, bringing the questions of protest venues and disruption of essential services before the Court together.