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Can't occupy site indefinitely: SC on Delhi protests
The Home Ministry designated three alternative protest sites after denotifying Jantar Mantar

Can't occupy site indefinitely: SC on Delhi protests

Nov 03, 2026
01:42 pm

What's the story

The Supreme Court on Tuesday said that no one can occupy a site indefinitely to stage a protest. The observation was made during a hearing on the recent protests at Jantar Mantar in Delhi, which were organized by opposition parties and other groups against the Election Commission of India. The court said even designated protest sites should have a fixed time limit for occupation. The Home Ministry designated three alternative protest sites after denotifying Jantar Mantar following these protests.

Legal perspective

Right to protest, trade important: CJI

Chief Justice of India Surya Kant stressed the need for time-bound protests, saying, "You cannot occupy the site all times. Where will the farmers, journalists....will go? Everyone has the right to protest."

"We are not talking about trade merely in terms of commercial establishments. We are talking about the source of livelihood of a daily-wage worker. Where does that person go for their daily bread?" CJI Kant asked.

Legal responsibility

Parliament not just another political building: Government lawyer

During the hearing, government lawyer Tushar Mehta said those calling for protests should be held accountable for their actions.

He said permission for the July 20 protest was given only for one day, but protesters occupied Jantar Mantar and marched to Parliament.

"Parliament is not just another political building. You cannot march to Parliament. You cannot march to the Supreme Court," he added.

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Site designation

Home Ministry designates alternative protest sites

Appearing for traders, Senior Advocate Mukul Rohatgi claimed that there was a revenue loss of ₹2,000 crore due to the protests.

"I represent all trading associations in Delhi...all shops remain closed, there's nobody in CP today. If you don't sell during festive season...our sales are down. My request is - they must look at some out of the box solution," Rohatgi said.

Taking note, the SC directed traders to implead the organizers of the protests as parties to their plea.

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