Shaheen Bagh case: SC adjourns plea filed against clearance of Kalindi Kunj Road traffic till 10 Feb 2020

Shaheen Bagh case: SC adjourns plea filed against clearance of Kalindi Kunj Road traffic till 10 Feb

Today SC deferred the hearing on plea filed against Shaheen Bagh case regarding clearance of traffic due to anti CAA protesters in Delhi till 10 Feb, due to the eve of Delhi elections scheduled for 8th February by a bench comprising Justice S K Kaul and K M Joseph.

The petitioner, a lawyer named Amit Sahni and BJP leader Nand Kishore Garg had taken their grievance to the Delhi High Court Which were taken up for hearing together by hon’ble bench comprises SK Kaul and Joseph. As Kaul stated, “We understand there is some difficulty, but we will in a better position to take it up on Monday.”

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One of the lawyers contended that the matter needs to be heard before the Delhi elections. however, the court cited that the election as the very reason for it to hear the matters on Monday. “This is exactly why we will hear it on Monday..why should we hear it before the election?”, Bench said.

The current petition, for Special Leave, has challenged that order.
It has been stated that an “alarming situation” has arisen due to a “blockade” of the road between the Kalindi Kunj and Mathura Road region, which connects Delhi-Noida-Faridabad. This has led to traffic being diverted to the Delhi-Noida-Delhi (DND) Flyway, which sees lacs of commuters, and needs to be decongested, he submits. Commuters and “residents living in the vicinity are suffering as the road was closed for about a month”, says Sahni.

Further contended that under Article 19 as right to protest peacefully but it must be subject to reasonable restrictions and cannot be permitted to continue, as it has been for “over a month” since it creates “disturbance to public at large thereby resulting in wastage of fuel, time and energy of lacs of commuters travelling daily”.

Calling the matter extremely sensitive. Sahni finally argues it is a duty of the court to maintain balance between competing for claim of different interests.
Hence, the petitions will be heard on Monday which is adjourned by bench due to the eve of Delhi elections.