Black flag protests in Tamil Nadu against PM's Madurai visit

New Delhi, Feb 17: The Supreme Court said on Monday that people have a fundamental right to protest against a law but the blocking of public roads is a matter of concern and there has to be a balancing factor.

Hearing pleas over the road blocks due to the ongoing protests at Shaheen Bagh against the Citizenship Amendment Act (CAA), a bench comprising Justices S K Kaul and K M Joseph said its concern is about what will happen if people start protesting on roads.

Democracy works on expressing views but there are lines and boundaries for it, the bench said.

It asked senior advocate Sanjay Hegde and advocate Sadhana Ramachandran to talk to Shaheen Bagh protestors and persuade them to move to an alternative site where no public place is blocked.

The matter has been posted for next hearing on February 24.

People have a fundamental right to protest but the thing which is troubling us is the blocking of public roads, the bench said.

Solicitor General Tushar Mehta said Shaheen Bagh protestors should not be given a message that every institution is on its knees trying to persuade them on this issue.

The apex court said that if nothing works, we will leave it to the authorities to deal with the situation.

Protestors have made their made their point and the protests have gone on for quite some time, it said.

Restrictions have been imposed on the Kalindi Kunj-Shaheen Bagh stretch and the Okhla underpass, which were closed on December 15 last year due to the protests against CAA and Register of Citizens.

The top court had earlier said the anti-CAA protesters at Delhi's Shaheen Bagh cannot block public roads and create inconvenience for others.

The apex court was hearing an appeal filed by advocate Amit Sahni, who had approached the Delhi high court seeking directions to the Delhi Police to ensure smooth traffic flow on the Kalindi Kunj-Shaheen Bagh stretch, which was blocked by anti-CAA protesters on December 15.

While dealing with Sahni's plea, the high court had asked local authorities to deal with the situation keeping in mind law and order.

Separately, former BJP MLA Nand Kishore Garg has filed a petition in the apex court seeking directions to the authorities to remove the protestors from Shaheen Bagh.

One of the pleas has sought laying down of comprehensive and exhaustive guidelines relating to outright restrictions for holding protests or agitations leading to obstruction of public place.

In his plea, Garg has said that law enforcement machinery was being "held hostage to the whims and fancies of the protesters" who have blocked vehicular and pedestrian movement from the road connecting Delhi to Noida.

State has the duty to protect fundamental rights of citizen who were continuously being harassed by the blockage of arterial road, it said.

"It is disappointing that the state machinery is muted and a silent spectator to hooliganism and vandalism of the protesters who are threatening the existential efficacy of the democracy and the rule of law and had already taken the law and order situation in their own hand," the plea had said.

In his appeal, Sahni had sought supervision of the situation in Shaheen Bagh, where several women are sitting on protest, by a retired Supreme Court judge or a sitting judge of the Delhi High Court.

Sahni has said in his plea that protests in Shaheen Bagh has inspired similar demonstrations in other cities and to allow it to continue would set a wrong precedent.

Expressing concern over the ban imposed on TikTok by the government of India, Facebook CEO Mark Zuckerberg has reportedly called the development in the south Asian country “worrisome”.

TikTok was amongst the 59 Chinese apps that were banned in India but why it hogs the maximum limelight because TikTok had the second-largest user base in India with over 200 million users.

As per The Verge writer Casey Newton, Zuckerberg was worried about TikTok’s India ban. Although it soon cashed into the opportunity and released a TikTok clone “Reels”, the government’s reason behind banning the app in India wasn’t received well by Mark Zuckerberg. 

He had said that if India can ban a platform with over 200 million users in India without citing concrete reasons, it can also ban Facebook if something goes amiss on the security and privacy front.

Why Mark finds it particularly worrisome because Facebook is already involved in a lot tussle with the governments across the world involving national security concerns. 

“Facebook already faces fights around the world from governments on both the left and the right related to issues that fit under the broad umbrella of national security: election interference, influence campaigns, hate speech, and even just plain-old democratic speech. Zuckerberg knows that the leap from banning TikTok on national security grounds to banning Facebook on national security grounds is more of a short hop,” the report by Casey read.

Facebook till now has not faced any kind of issue in India but considering the debacle with the other governments, it is not entirely wrong to worry about its future in India if any national security issue arises. Back in 2016, Facebook’s Free Basics service, which means a free but restricted internet service, was banned in India by the telecom regulators. 

The TRAI had said that the Free Basic services were banned in India because it violated the principles of net neutrality. With Free Basics services, Facebook had planned to bring more unconnected users online. But since 2016, there has been no major tussle between the Indian government and Zuckerberg due to national security issues.