Case Commentary – AMIT SAHNI V. COMMISSIONER OF POLICE AND ORS.

Abhi Tiwari from Barkatullah University & R. Suganya and Sathyabama Institute of science and technology

Best Citation – Abhi Tiwari & R. Suganya, Case Commentary – AMIT SAHNI V. COMMISSIONER OF POLICE AND ORS., 2 (5) & 10 of 2022, IJLR.

Abstract

In Amit Sahni v. Commissioner of Police and others, also known as the Shaheen Bagh case, the Supreme Court observed that the right comes with certain obligations and duties, so as to balance the fundamental rights with that of the public rights. In which the Court directed that the protestors against the Citizenship (Amendment Act), 2019 could not block public ways indefinitely, which prejudices the safety and security of local residents. Since the Constitution itself clarifies that the fundamental rights are subjected to reasonable restrictions in the interest of public order, security of the State, etc. under Article 19 (2) and (3).

The Shaheen Bagh case shows how the judiciary plays an important role in upholding the rule of law. Since an independent judiciary is the bedrock of democracy, the Supreme Court’s decisions in matters tangled with political elements not only act as binding precedents but also enable people to believe and trust the judiciary to settle their issues wisely, which is a core principle of democracy. Thus, the paper aims to analyze the Supreme Court’s verdict in the case of Amit Sahni v. Commissioner of Police.

Key words:  Citizenship Amendment Act, Shaheen Bagh,  right to protest, Supreme Court,  public order