Supreme Court of India Rules Against Indefinite Protest Site Occupancy

The Supreme Court of India ruled on November 3, 2026, that no individual or organization possesses an indefinite right to occupy designated protest sites. Chief Justice Surya Kant stated that public spaces must be shared to ensure all citizens can exercise their constitutional right to protest, noting that designated sites must be provided for a specific period rather than occupied "for all times to come."

The ruling follows petitions from the Delhi Kirana Committee and the New Delhi Traders Association, who sought a two-month ban on protests during the festive season of Dussehra and Deepavali. Representing the traders, senior advocate Mukul Rohatgi reported massive financial losses in commercial hubs like Connaught Place. While the court issued notice on the plea, it refused to grant an interim ban without hearing from protest organizers, including the INDIA bloc parties.

During the proceedings, the court weighed the right to trade against a "protest economy" where street vendors earn livelihoods from demonstrations. The bench also addressed allegations of police excesses, including mass detentions and the use of facial recognition technology by the Delhi Police for surveillance. Additionally, the court ordered Congress leaders Rahul Gandhi and Mallikarjun Kharge to respond to a petition from a female journalist alleging she was pushed by the Leader of the Opposition during a protest on court premises.