A day after the Supreme Court expressed concern on blockade of a public road at Shaheen Bagh and suggested that the anti-CAA protestors shift to another site, several of those participating in the stir contested the claim that the sit-in was causing inconvenience to a large number of commuters.
The Supreme Court has asked senior advocate Sanjay Hegde to act as interlocutor and persuade protestors to move to an alternative site where no public place is blocked.
It said Hegde can take assistance of advocate Sadhana Ramachandran and former Chief Information Commissioner Wajahat Habibullah for talking to the protestors.
The interlocutors had their first discussion over the Shaheen Bagh blockade on Tuesday. However, they said that they are awaiting the copy of the SC order copy before meeting the Shaheen Bagh protestors.
Several protestors on Tuesday said that the Shaheen Bagh-Kalindi Kunj road in southeast Delhi, which is blocked for over two months, is used by only a few commuters, that too mostly from the vicinity of Jamia Nagar and Okhla who had agreed to the use of the site for the demonstration.
Hafeez Saiyed, a printing press owner who is a regular at the Shaheen Bagh protest, said, "When the Shaheen Bagh protest began around December, the residents first had a discussion over the venue. When the shade was put up for the women to sit and protest, the shopkeepers on the entire stretch agreed to give that space."
He said the policemen too came to the spot several times and did not raise any objection saying that "it is a peaceful protest".
"Only when the Centre alleged that these protests are sponsored by the Congress and the AAP, that the Delhi Police started seeing this as a blockade," he claimed.
The stretch of Shaheen Bagh to Kalindi Kunj road which is about two to three kilometres has commercial centres housing shops and restaurants. The road ends at Atlanta Water Park. The Shaheen Bagh-Kalindi Kunj road is parallel to the Noida-Greater Noida Expressway which is used by a large number of commuters between Delhi and Noida.
Shaheeda Sheikh, a protestor, said, "We have been staying in Shaheen Bagh for the past 30 years. The Kalindi Kunj road is used mainly by residents of Shaheeh Bagh, Jamia Nagar, Abu Fazal Enclave and Okhla specially for the shops here.
"The commuters who travel to Noida regularly anyway take the parallel highway. When the parallel road to the highway is open as well as all lanes of Shaheen Bagh except this road, why the applicants want to use only this road?," she said.
The apex court was hearing an appeal filed by advocate Amit Sahni, who had earlier approached the Delhi High Court seeking directions to Delhi Police to ensure smooth traffic flow on the Kalindi Kunj-Shaheen Bagh stretch, which was blocked by anti-CAA protestors on December 15 last year.
The protestors claimed that the all the roads that are close to Shaheen Bagh-Kalindi Kunj road like the GD Birla road, Kalindi Kunj bridge, Amrapali Road, Okhla Barrage Road, Okhla Bird Sanctuary Road, Dadri main road and Noida-Greater Noida Expressway are open, yet the attention has been shifted to Kalindi Kunj-Shaheen Bagh stretch.
Another protestor Mehjabeen Khan said the organisers barricaded the spot when a large number of people joined the protest.
"We don't know if this (shifting of protestors) is for the convenience of all commuters or only for those who support the CAA. However, we are asked to move, we will move but the protests will continue," she said.
The SC has said that democracy works on expressing views but there are lines and boundaries for it, the bench said.
People have a fundamental right to protest "peacefully and lawfully" but blocking public roads and places is a matter of concern as it might lead to "chaotic situation", the apex court has said, stressing that there has to be a "balancing factor".
"Democracy works on expression of views but there are lines and boundaries for it," a bench of Justices S K Kaul and K M Joseph has said, adding, "The question which is arising is where to protest."
"Our concern is if everybody starts blocking public areas then where will it end," the bench asked, while hearing pleas seeking removal of protestors from Shaheen Bagh and ensuring smooth traffic flow in the area.
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