Context: The Supreme Court has said that occupying public places for protests is not acceptable and such a space cannot be occupied indefinitely.
Key highlights

• The verdict came on a plea against the Anti-Citizenship Amendment Act protests which had led to blocking of a road in Shaheen Bagh in the national capital last December.
• It said that public places cannot be occupied indefinitely like during the Shaheen Bagh protests.
• The judgment upheld the right to peaceful protest against a law but made it unequivocally clear that public ways and public spaces cannot be occupied, and that too indefinitely.
• In a democracy, the rights of free speech and peaceful protest were indeed “treasured”. They were to be encouraged and respected.
• But these rights were also subject to reasonable restrictions imposed in the interest of sovereignty, integrity and public order. Police regulations also weighed in.
• Fundamental rights do not live in isolation. The right of the protester has to be balanced with the right of the commuter. They have to co-exist in mutual respect.
• The bench also said that Delhi Police ought to have taken action to clear Shaheen Bagh area from the protesters. It was entirely the responsibility of the administration to prevent encroachments in public spaces.

Key Basics
Right to Protest peacefully

• The right to protest peacefully is guaranteed by the Constitution of India.
• Articles 19(1)(a) and 19(1)(b) give to all citizens the right to freedom of speech and expression, and to assemble peaceably and without arms.
• However, under Articles 19(2) and 19(3), the right to freedom of speech is subject to “reasonable restrictions”.
• These include the sovereignty and integrity of India, the security of the State, friendly relations with foreign States, public order, decency or morality or in relation to contempt of court, defamation or incitement to an offence.

Powers of state

• The legal provisions and avenue available to police for handling agitations, protests, and unlawful assemblies are covered by the Code of Criminal Procedure (CrPC), 1973, the Indian Penal Code (IPC), 1860, and The Police Act, 1861.