Right to protest not absolute, must be balanced with right to trade: Supreme Court on Ramlila maidan stir

NEW DELHI: The right to protest is not absolute and must be balanced with the right to trade, the Supreme Court observed on Tuesday while seeking replies from the Centre and other respondents to a plea by traders’ organisations against the ongoing protest at Ramlila Maidan.

A Bench comprising Chief Justice Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi issued notices to the Centre, Delhi Government, Delhi Police and other respondents, directing them to reply within a week. The plea, filed by traders’ organisations, sought an end to the protests against the Chief Election Commissioner during the festive season.

The Bench was hearing several petitions, including one filed by the Kirana Committee Delhi, which alleged business losses due to the protest at Ramlila Maidan.

"You can't occupy a site at all times. Where will farmers, journalists, etc., go? Everyone has the right to protest. Designated time must be given for designated period," the CJI observed.

The traders’ body contended that the indefinite occupation of Ramlila Maidan, located close to major wholesale and retail markets, had severely affected business during the peak festive season, when traders depend on high footfall.

It said the protests, which had continued for weeks, had led to traffic diversions, police barricading and restricted access to shops, causing financial losses to small kirana traders and shopkeepers.

The plea sought directions to shift the protest to an alternative site or limit its duration to ensure that traders’ right to livelihood was not infringed.

The Bench noted that the right to protest is a fundamental right under Article 19(1)(a) and (b) of the Constitution, but said it must be balanced with the rights of other citizens, including the right to carry on trade and business.

The CJI also said Ramlila Maidan was a historic protest site but could not be occupied indefinitely.