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The supreme court on the 7th of October gave the famous shaheen bagh Verdict where it was held that there should be designated places for holding public protests and they cannot be held at any place in any manner. Recently, a review petition has been filed before the apex court contending that the verdict is against the right to dissent. Thus, holding protests at ‘designated places alone’ shall upset the concept of dissent. The bench of Justices Sanjay Kishan Kaul, Aniruddha Bose, and Krishna Murari reiterated the right to peacefully protest against the legislation. However, the bench disapproved of the manner in which a sit-in protest against the Citizenship (Amendment) Act (CAA) was organized in Shaheen Bagh, Delhi, from December 2019 to March 2020.
The supreme court held, “In what manner the administration should act is their responsibility and they should not hide behind the court orders or seek support therefrom for carrying out their administrative functions. The courts adjudicate the legality of the actions and are not meant to give a shoulder to the administration to fire their guns from," Kaniz Fatima, the petitioner held that such a verdict of the court upsets the very foundation of dissent and claimed that it is their right to approach the court as a citizen of the country. Further, the petitioner also brought the misconduct of the police authorities in wrongfully attacking the protesters and being insensitive towards the women. Further, it was contended that the judgment is also against the fundamental right to peaceful protests under the constitutional protection conferred by article 19. The impugned order is contrary to a five bench judgment delivered in the case of Himat Lal. Further, the judgment was delivered without keeping in view the views of the protesters. The petition is filed by advocate Kabir Dixit.
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