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Supreme Court of India 2020-10-07 disposed

AMIT SAHNI vs COMMISSIONER OF POLICE & ORS

Bench: 3 — Sanjay Kishan Kaul, Aniruddha Bose, Krishna Murari

In Brief

The Supreme Court upheld citizens' right to protest against the Citizenship Amendment Act despite constitutional challenges pending before it. However, the Court ruled that indefinite occupation of public roads for protest—here, the Shaheen Bagh blockade—is constitutionally impermissible. While democracy requires dissent to be tolerated, protests must occur in designated spaces and must be balanced against the rights of other citizens. The Court emphasized that administration must enforce order; courts adjudicate legality but cannot provide judicial shield for administrative inaction. The appeal was disposed, with the Court hoping future protests comply with legal principles governing peaceful assembly.

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Constitutional Law Freedom of Expression Right to Assemble Protest Rights Public Order Administrative Law Civil Procedure Legislation Mediation and Conciliation Fundamental Rights

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