Daily Nightmare for Hapless Delhi Noida Commuters
Over 23 days and the nightmare for Delhites continues. The protest at Shaheen Bagh area of south Delhi continued for 23rd day on Sunday. The protest mostly organised by Muslim groups have mostly females sitting and blocking the roads for so many days now. The protests have some support from left, AAP and congress.
“if the Home Minister says he cannot retreat one inch, so he should not expect us to go back a millimetre,” said Zulqarnain, a protester.
The question is why the Delhi Police have not been able to clear the roads. Why is that the protesters are allowed to block the roads and lakhs of commuters are suffering. People coming from Nehru Place or Mohan Cooperative side have to negotiate traffic snarls to reach Noida.
People at the sight are seen singing songs of resistance. Some social activists have also been coming to express solidarity with the protesters of Citizenship (Amendment) Act or CAA.
Many Mullas and Muslim leaders have come earlier and have been accused of instigating the protesters.
Delhi elections are round the corner and no political party is saying any word on the problems that the commuters are facing.
The Sarita Vihar shopkeepers are the ones who have suffered huge losses due to the road closures. The shopkeepers are so fedup now that they are threatening to sit on dharna if the situation is not brought to normal.
The best way for the protesters is to take a permission for the protest and go to a bigger site like Ramleela ground just like Anna Hazare.
Though Delhi Police have written and requested the protesters to end their stir, it has turned the deaf ear.
In a letter to protesters at Shaheen Bagh, the police have said that their stir is causing inconvenience to commuters across the city. The road closure has also led to additional load on other Noida-Delhi connections, including Nizamuddin bridge and DND flyway, leading to traffic jams spilling over to Ashram Chowk and parts of Mathura Road.
Hpe Delhi Police will take some action now and open the Kalindi Kunj road for the commuters.
What the law says
Restricting traffic while holding public assembly/ protest march etc. can be allowed under permission of State authorities (i.e Police department). This restrictions are not absolute restrictions; police department made/provide alternate routes for traffic movement if they can.
If police department can’t able to provide alternate routes for traffic movement, they generally put restrictions on public assembly( this is also not an absolute restriction).
The authoritative Act/Rule/text which is relied by Police department while exercising their powers on this subject matter is The Constitution of India and its interpretation by Supreme Court Of India.
Under Article 19(1)(b) of The Constitution of India, All citizens shall have the right to assemble peaceably and without arms. But this Fundamental Right is not an absolute right, it is subject to reasonable restrictions in the interest of public order, decency or morality etc.
The Supreme Court of India while giving interpretation of this above Article of Constitution said that-:
The freedom of assembly can be exercised only on public land. Additionally, Restrictions imposed under Article 19(3) would cover restrictions to maintain the public order,including the maintenance of traffic in the area concerned. But the restrictions can’t attain the status of absolute prohibition at least in normal times.
So, restrictions made on assembly or traffic by factoring various matters like Text of Constitution of India, Supreme Court of India’s orders & rules, political compulsions/pressure. Authorities don't have permanent solution for traffic blocking by public assembly/dharna.
