SUPREME COURT SAYS PROTEST SITES CANNOT BE OCCUPIED INDEFINITELY AMID DELHI DEMONSTRATIONS AGAINST CEC
November 3, 2026
NEW DELHI, NOVEMBER 3: The Supreme Court on Tuesday observed that no organisation can occupy a designated protest site indefinitely, emphasising that the right to demonstrate must be balanced against the rights and interests of other citizens.
Chief Justice of India Surya Kant, while hearing petitions filed by traders' associations over the impact of demonstrations in Delhi, said designated protest venues must be allocated to different groups for specified periods. “You can't occupy a site for all times,” the Chief Justice observed, adding that farmers, journalists and other groups must also have opportunities to exercise their right to protest.
The bench stressed that the right to demonstrate cannot be used to prevent others from holding peaceful protests at designated locations. It also said that orders granting or refusing permission for demonstrations should clearly state the reasons behind the decision.
The proceedings concerned protests against Chief Election Commissioner Gyanesh Kumar and petitions raising allegations of police brutality, mass detentions, the closure of Metro stations and internet shutdowns during demonstrations. Traders' associations also raised concerns about the impact of the protests on commercial activity.
Counsel representing the traders told the court that approximately 50 lakh people lived in areas surrounding the protest site and claimed that shops had remained shut, with customer footfall in Connaught Place severely affected.
The court issued notices to the Centre and other authorities on a petition filed by the Kirana Committee Delhi seeking a halt to protests during the festive season. However, the bench said it could not adjudicate the traders' grievances unless all organisations involved in the demonstrations were made parties to the proceedings. It therefore asked the traders' associations to include the protest organisers in the case.
The hearing comes weeks after the Centre de-notified Jantar Mantar as a designated protest site and identified Ramlila Maidan, Burari Ground and CBD Ground as alternative venues for demonstrations.
The Supreme Court's observations underline the need to balance citizens' constitutional right to protest with the interests of businesses, residents and other groups seeking access to designated public demonstration sites.
