Introduction:

On August 20, 2024, the Jharkhand High Court, led by Justice Sanjay Kumar Dwivedi, quashed criminal cases against 28 BJP leaders, including MP Nishikant Dubey, related to a protest organized in April 2023. The protest, held near Project Bhawan in Ranchi, was against the Jharkhand government’s policies. The court’s decision highlights the importance of upholding the fundamental right to peaceful protest while scrutinizing the applicability of criminal charges.

Arguments:

Petitioners’ Argument:

The petitioners, comprising BJP leaders and members, challenged the FIR registered against them, arguing that the criminal cases were unwarranted. They contended that there were no specific allegations linking them to violent acts such as breaking barricades or stone-pelting. Their legal team emphasized that the protest was a legitimate expression of dissent against government policies and that organizing such demonstrations falls within their fundamental rights. They argued that, as leaders, they should not be held liable for actions carried out by others during the protest.

Respondent’s Argument:

The state, represented by the prosecution, defended the FIR, asserting that the protest led to disturbances, including attempts to breach barricades and incidents of violence. The prosecution argued that these actions justified criminal charges under various sections of the Indian Penal Code (IPC), including Sections 147, 148, 188, 109, 353, 332, 427, and 323. They maintained that the nature of the protest and the actions of some participants warranted the registration of criminal cases.

Court’s Judgment:

Quashing of Criminal Cases: Justice Dwivedi quashed the criminal cases against the 28 BJP leaders, noting that there were no direct allegations linking them to violent activities during the protest. The court observed that while the protest did involve some instances of violence, the specific allegations against the petitioners were insufficient. The court emphasized that holding peaceful protests is a fundamental right under Articles 19(1)(a) and 19(1)(b) of the Indian Constitution, which guarantees freedom of speech and assembly.

• Fundamental Right to Protest: The court underscored the fundamental right to peaceful protest and demonstration, recognizing its critical role in a democratic society. The court stated, “The right of people to hold peaceful protests and demonstrations is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India.” The court reiterated that dissent and the expression of grievances are essential aspects of democracy, and such rights should not be undermined by baseless criminal charges.
• Guidelines for Future Protests: While quashing the cases against the BJP leaders, the court did not interfere with the criminal proceedings against other individuals involved in the protest. The court directed the Jharkhand Chief Secretary, Home Secretary, and Director General of Police to establish guidelines for managing demonstrations, including regulations on the number of participants and proximity to sensitive locations such as legislative buildings, courts, and the residences of dignitaries.
• Reference to Precedents: The court referenced the Supreme Court’s decision in Mazdoor Kisan Shakti Sangathan Vs. Union of India, which ruled against blanket bans on protests in central areas of Delhi. This precedent supported the court’s decision to protect the right to protest while ensuring that such activities are regulated to prevent public disturbances.