The court was hearing the pleas that sought removal of protesters from South-east Delhi's Shaheen Bagh where people have been sitting for more than two months against the Citizenship Amendment Act (CAA).
The Supreme Court on Wednesday (February 26) declined to examine the report submitted by the interlocutors sating that the atmosphere is not 'conducive'. The court was hearing the pleas that sought removal of protesters from South-east Delhi's Shaheen Bagh where people have been sitting for more than two months against the Citizenship Amendment Act (CAA).
A division bench headed by Justice Sanjay Kishan Kaul along with Justice KM Joseph postponed the matter for further hearing on March 23.
The apex court also said that incidents of violence in Delhi are unfortunate but refused to entertain pleas on them.
During the hearing, the court made the following observations.
- People should be allowed to stage a protest. We are not talking about CAA but people should have the right to protest.
- The court also questioned if the public area can be used for dharna or not.
- Demonstrations should be done in such a way that the road is not blocked, said the top court, adding "Our concern is that if roads or public places are being blocked this way it will create a problem.
- The court said "no matter how valid the reason for protest, blockade of roads should not take place this way.
- Democracy operates through the expression of people but it has a limit. If all the roads are closed then there will be trouble. Traffic should not stop, said the Supreme Court.
- The SC said that our concern is that people will take an idea from here and close the road in other areas too.
- Solicitor General Tushar Mehta said that protesters can not be permitted to hold the city hostage, the way rad is completely blocked, adding "We are meeting them as well as trying to convince them that they cannot take the entire city hostage."
- Supreme Court asked senior lawyer Sanjay Hegde, present in the courtroom, to talk to protesters and try to convince them. The court asked him why is he not going there to persuade the protesting people.
- The Solicitor General said that a message should not go that the institution (apex court) is bowing before protestors.
- "We have made our wish clear. Hopefully, things will change but if it doesn't happen then the authority concerned will be free to take action," said the SC.
- The court also rapped Delhi police for not taking action against people who made inflammatory remarks before communal violence broke out in North East Delhi.
- It also questioned the Centre for not taking steps to allow Delhi Police to work professionally and as per law without taking instructions from anyone.
- The Supreme Court said that an unfortunate incident took place in Delhi, and this should not have happened. "We cannot extend the scope of this petition beyond the Shaheen Bagh jam case.
- Justice KM Joseph said, “the problem is lack of professionalism of the police. If this had been done before, this situation would not have risen." "Lack of professionalisation of police is the main problem. If you allow people to get away. If you allow the way law requires, there will be a difference. Do that! If this is done all these things would not have happened," he added.
- Solicitor General said that we are not aware of the ground realities in which the police officials function, adding that the DCP is on the ventilator as he was virtually lynched.
- "Unless you do not get the police to act. Look at how the police act in the UK. Do they require somebody's nod? If someone makes an inflammatory remark, police swings into action," Justice Joseph added.
Interlocutors appointed by the Supreme Court had submitted their report in a sealed cover on Monday. Senior advocates Sanjay Hegde and Sadhana Ramachandran had last week engaged with the anti-CAA protestors for shifting the venue from Shaheen Bagh.
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