The Supreme Court on Monday expressed concerns over the frequent use of Section 144 of the Code of Criminal Procedure (CrPC) by authorities to suppress protests across the country. During a session presided by Justices Abhay S Oka and Ujjal Bhuyan, the misuse of this provision to issue orders that restrict public demonstrations was scrutinized.
Justice Oka voiced the court’s apprehension, stating, “There is a tendency that because there is a protest, therefore a Section 144 order is issued. This sends the wrong signal. What is the necessity of issuing Section 144 if someone wants to hold a demonstration? It appears that Section 144 is being misused.”
The case under discussion stemmed from an appeal by the State of Jharkhand, which contested a decision by the Jharkhand High Court to annul a rioting charge against leaders from the Bharatiya Janata Party (BJP), including MP Nishikant Dubey. The incident in question involved a protest organized by the BJP near Project Bhawan, which took place despite the enforcement of Section 144. The police claimed that during the protest, participants attempted to breach barricades and resorted to throwing bottles and stones.
The High Court, in August 2024, quashed the First Information Report (FIR) against Dubey and others, emphasizing that top leaders could not be held liable and reaffirming the constitutional guarantee of the right to peaceful protest under Articles 19(1)(a) and 19(1)(b) of the Constitution of India.
During the Supreme Court proceedings, the State’s senior counsel argued that the protest led to several injuries among police officers and journalists, defending the need for strict measures. Despite these arguments, the Supreme Court dismissed the Jharkhand government’s plea, upholding the High Court’s stance that the fundamental right to protest must be protected.
