SC to hear plea seeking protection for Shaheen Bagh protesters

The Supreme Court will hear a plea on Wednesday seeking protection for the women at Shaheen Bagh who have been protesting against the new citizenship law and a possible

The Supreme Court will hear a plea on Wednesday seeking protection for the women at Shaheen Bagh who have been protesting against the new citizenship law and a possible pan-India national register of citizens (NRC).

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On Tuesday, Bhim Army chief Chandra Shekhar Azad, former chief information commissioner Wajahat Habibullah and Shaheen Bagh resident Bahadur Abbas Naqvi approached the top court after threats were allegedly made against the women who have been protesting by staging a sit-in on a key Delhi-Noida road for well over two months.

The plea was moved after violence erupted in North-east Delhi’s Jaffrabad area on Sunday, and spread to other neighbourhoods in the region on Monday and Tuesday. At least 13 people have died and over 250 injured in the communal clashes.

Besides praying for directions to provide security to women at Shaheen Bagh, the petitioners also sought directions to register First Information Reports (FIRs) against the perpetrators of the violence in north-east Delhi. 

Advocate, Tasneem Ahmadi, mentioned the matter on Tuesday before the bench of justices, Sanjay Kishan Kaul and KM Joseph, and prayed for listing the plea on Wednesday which the apex court allowed. The plea will be heard along with the main case regarding the road blockade at Shaheen Bagh.

The petitioners alleged that Delhi Police did not take any action, despite complaints being filed by people who have been affected by the violence.

They also alleged that Bharatiya Janata Party‘s (BJP) Kapil Mishra is responsible for inciting and orchestrating the riots in the north-east Delhi.

Mishra had made provocative comments before violence erupted in Jaffrabad, over the weekend, although on Monday, he appealed for peace. They also referred to Mishra’s February 23 tweet which, they claimed, was sufficient evidence that he was responsible for inciting and orchestrating the attack.

Mishra tweeted a video which had him giving a three-day ultimatum to Delhi Police to remove pro-CAA protestors staging a sit-in in Jaffrabad.

“We will wait till [US President Donald] Trump is here [in Delhi]. But after that, we won’t even listen to you [the police] if the roads aren’t cleared. We are appealing you [police] to clear Jaffrabad and Chand Bagh till Trump leaves. If not, we’ll have to take to the streets,” Mishra had warned.

Trump visited India on February 24 and 25.

But after Monday’s violence, Mishra appealed for peace. “I appeal to everyone to stop violence as it will not lead to any solution. Whether it is people who are supporting the CAA or those who are against it, I appeal everyone to maintain peace. Delhi’s brotherhood should remain intact.”

Aazad, Habibullah and Naqvi are intervenors in the case filed before the SC by BJP’s Nand Kishore Garg and advocate, Amit Sahni, who have sought lifting of road blockade at Shaheen Bagh.

Sahni stated that the road closure is causing great inconvenience to the public. The road closure and the consequent traffic diversion have led to the wastage of precious time, energy and fuel besides overburdening the Delhi-Noida Direct (DND) flyway, Akshardham and Ashram routes.

Sahni has argued that while people have the right to protest, protestors cannot be allowed to occupy public roads indefinitely.

On February 17, the SC tasked senior advocate, Sanjay Hegde, and advocate, Sadhana Ramachandran, to act as interlocutors and mediate with the Shaheen Bagh protesters and come to am amicable solution to resolve the issue.

Subsequently, the interlocutors visited Shaheen Bagh on four occasions to interact with the protestors and placed a report before the SC on Monday in a sealed cover.

Habibullah separately filed an affidavit in the SC on Saturday stating that the protestors asked him to convey to the apex court that their dissent “was out of desperation and compulsion” as they see the CAA and National Register of Citizens (NRC) as a “death knell” for their and future generations’ survival and existence. To be sure, the government has clarified that there are no immediate plans for a nation-wide NRC.

The affidavit stated that the protestors wanted petitions pending before the SC challenging the CAA to be heard at the earliest since the central government is not engaging in any dialogue with them.

Earlier, the SC remarked that while right to protest is a fundamental right, such demonstrations and protests cannot be held on public roads for an indefinite period.