Supreme Court raises questions on Shaheen Bagh protest, CJI Bobde makes scathing observation on children’s participation


The Supreme Court on Monday raised questions on the ongoing protests in Delhi’s Shaheen Bagh stating that this could not be allowed to carry on indefinitely. However, the top court refused to issue an interim order for the removal of protesters from the area as prayed in the plea.

Shaheen Bagh

Hearing an application filed by Nand Kishore and Amit Sahni, Justice SM Kaul observed that whilst protests could carry on, it ‘should be done in an area which is designated for protests. You cannot inconvenience people.’

“There cannot be indefinite protests in a common area. If everybody starts protesting everywhere, what will happen? “, Justice Kaul was quoted by Livelaw website. The court has now fixed 17 February for the next hearing of the case.

Elsewhere, Chief Justice of India SA Bobde made scathing observations on the participation of children in Shaheen Bagh’s protest. Advocate Shahrukh, according to Livelaw, told the CJI-led bench, “I appear for 3 mothers. Our children have come back from school crying, as they have been called gaddar or Pakistani.”

CJI Bobde said, “We will not hear you on that. You cannot use this platform for saying such things.”

The CJI reminded that a child had died at the protest site as he asked the lawyer, “A 4-month-old child goes for a protest?” During the hearing, when a lawyer reminded the SC bench that the UN Convention on Child Rights recognised a child’s right to protest adding that children are taken to melas, jagaratas by parents, where also they can get sick. CJI said that he was only concerned with legal submissions.

The top court issued notices to the Centre and the Delhi government on the suo moto case regarding the involvement of children in protests in the wake of an infant’s death in Shaheen Bagh protests.

A 24-year-old mother Nazia had lost her four-month-old baby after he died from exposure to cold at the protest site where his mother had been camping against the controversial Citizenship law.


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