Supreme Court affirms rights to peaceful protest, assembly in Delhi

The Supreme Court of India on Tuesday underscored the fundamental rights of citizens to peaceful protest and freedom of association during oral submissions by senior advocates. The bench expressed concern over reports of a 'complete shutdown' being imposed in Delhi ahead of the scheduled October 10 demonstrations, questioning the proportionality of such measures.

During the hearing, the Court sought clarification from authorities on the specific permissions granted for the planned protests, signalling its intent to ensure that public order measures do not unduly infringe upon constitutional rights. The judges emphasized that while maintaining law and order is a legitimate state concern, blanket restrictions on movement and assembly require proper legal justification.

The remarks highlight the Court's consistent position on balancing security concerns with democratic freedoms. Senior counsel appearing before the bench argued that widespread shutdowns disproportionately affect ordinary citizens and businesses, particularly in a capital city where demonstrations are a regular occurrence.

Authorities have been directed to provide detailed information about the preventive measures and any restrictions imposed in connection with the October 10 protests. The case underscores ongoing judicial scrutiny of administrative actions that impact fundamental rights during periods of civil unrest or anticipated large-scale public gatherings.