In a landmark decision, the Bombay High Court’s Goa bench has quashed criminal proceedings against two individuals involved in a protest in 2021, asserting that demonstrations are a fundamental aspect of the democratic process. The court emphasized that it would be detrimental to democracy if legal actions were used to suppress peaceful protests.
The ruling, delivered by Chief Justice Alok Arade and Justice Mahesh Sonak on March 12, pertained to an FIR filed on January 6, 2021, following a protest outside a local police station against the proposed construction of an Indian Institute of Technology (IIT) campus in Valpoi, Goa. The protest was led by Manoj Parab and Rohan Kalangutkar, members of the regional Revolutionary Goans Party.
“Prosecutions must not be launched to stifle agitations that are part of the democratic process, so long as people do not take the law into their own hands or indulge in violence or damage to public or private property,” the bench stated in their verdict.
The court underscored the protection granted under Article 19(1)(b) of the Indian Constitution, which guarantees the right to assemble peaceably and without arms. The judges argued that while reasonable restrictions on this right could be imposed, they should not be based on vague charges that lack the essential ingredients to constitute offences under penal laws.
During the protest on January 6, 2021, allegations surfaced that another group had become violent earlier in the day, which led to police intervention and several arrests. However, the court noted that there were no clear allegations that Parab, Kalangutkar, or their group had any unlawful intent or engaged in any criminal activity during their demonstration.
