All stakeholders should lower their temperature and blood pressure: Supreme Court refuses to pass orders in Shaheen Bagh protest matter

Shaheen bagh
Shaheen bagh
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The Supreme Court today refused to pass interim orders in the matter concerning protests at Delhi's Shaheen Bagh.

During the course of the matter, the Bench of Justices Sanjay Kishan Kaul and KM Joseph observed that the environment is not conducive right now to pass any orders.

Making an appeal for peace in the capital, Justice Kaul said,

"All stakeholders should lower their temperature and blood pressure. This is not how a society should behave...Unfortunately the debate is degenerating into something else, this is not healthy dissent."

Justice Sanjay Kishan Kaul

At the outset of the hearing, the Court expressed its disinclination to hear an application filed yesterday seeking directions to issue FIRs in relation to the violence in parts of the North-East Delhi.

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Yesterday, the Court had agreed to hear the application along with the petitions related to the Shaheen Bagh protests.

On the issue of blocking of roads as a result of the Shaheen Bagh protests, the Bench saw it fit to wait for things to "cool down". Thus, it refused to pass any interim orders, and posted the matter for after the Holi break.

Senior Advocate Sanjay Hegde, appearing for the said that during Holi, animosity is usually seen to come down. He expressed hope for the situation to stabilize.

In a lighter vein, Justice Kaul said that he had similar hope for Shivratri also.

The Bench went on to condemn the expression of dissent through violence. Solicitor General Tushar Mehta agreed, saying that dissent should be healthy and non-violent.

The Court, while not passing any orders, clarified that the parties are not precluded from exercising other legal remedies. It added that the Delhi Police has the authority to act in accordance with the law and has not been restrained by the Court.

Protests have been taking place at Delhi's Shaheen Bagh ever since the passing of the Citizenship Amendment Act (CAA) in December last year.

Two petitions have been filed for the clearance of Kalindi Kunj Road, which is in proximity to the site of the protests. The first petition has been filed by lawyer and activist, Amit Sahni. Sahni has prayed for certain specific directions for the removal of the blockage at the protest site.

The second petition has been filed by Nand Kishore Garg. He has sought the removal of protesters from the site on Kalindi Kunj Road.

Earlier this week, the interlocutors appointed by the Supreme Court to assist in deciding on pleas to remove anti-CAA protestors from Shaheen Bagh submitted their report in a sealed cover, following personal visits to protest site.

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This report has been submitted on behalf of Senior Advocate Sanjay Hegde and Advocate Sadhana Ramachandran, who were conferred the responsibility to act as interlocutors and hold a dialogue with the protesters. Appreciating the endeavour of the interlocutors, the Court has hedl that their services as interlocutors would continue for now.

[Read Order]

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Amit Sahni vs Commissioner of Police (Shaheen Bagh) - 26.02.2020.pdf
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