The Supreme Court on Monday upheld a Jharkhand High Court ruling that quashed criminal cases against state BJP leaders, including MP Nishikant Dubey, related to protests held in Ranchi in 2023. The bench, comprising Justices Abhay S Oka and Ujjal Bhuyan, dismissed the Jharkhand government’s plea, emphasizing concerns over the misuse of prohibitory orders during protests.
During the proceedings, the state’s counsel argued that despite the imposition of Section 144 of the CrPC, the accused organized a protest that escalated into violence, injuring several people, including administrative officials. However, the High Court previously ruled that the right to hold peaceful protests is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution.
The Supreme Court’s bench noted a prevalent tendency to impose prohibitory orders whenever a protest is anticipated. “If we interfere, it will send the wrong signal. What is the requirement of issuing orders under Section 144 of the CrPC if somebody wants to hold a demonstration? This happens because Section 144 of the CrPC is being misused,” the bench stated.
Highlighting the constitutional right to protest, the High Court had emphasized that such activities are integral to a democracy, allowing individuals and groups to express dissent, highlight governance flaws, and demand accountability from state authorities and powerful entities. The court affirmed that conducting peaceful demonstrations to voice grievances and ensure they are acknowledged by relevant authorities is a fundamental right of the citizenry.
