"Right To Protest Is Recognized As A Fundamental Right": Jharkhand HC Quashes Criminal Cases Against BJP Leaders

The Jharkhand High Court quashed the proceedings against the leaders of Bharatiya Janata Party (BJP) in the case of 2023 protests against the State Government.

The Court was deciding a batch of writ petitions seeking quashment of entire criminal proceedings arising out of a case registered under Sections 147, 148, 188, 109, 353, 332, 427, and 323 of the Indian Penal Code (IPC) which was pending before the Judicial Magistrate.

A Single Bench of Justice Sanjay Kumar Dwivedi said, “Looking into the contents of the FIR, the court finds that so far as these petitioners are concerned, there are no allegations against them that they have tried to break the barricade, or they have pelted the stones and the water bottles, however, the allegations are there against the other persons of doing such thing and if that is there, for the acts of the others, the petitioners, who happened to be the top leaders of the opposition party in the State of Jharkhand, the liability cannot be fastened upon them, particularly in the facts and circumstances of the present case.”

The Bench noted that the right of people to hold peaceful protests and demonstrations, etc. is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution.

Advocate Prashant Pallav appeared for the petitioners while Advocate General Rajiv Ranjan appeared for the respondents.

Facts of the Case -

A case was registered alleging that the political party BJP organized a protest against the State Government near the Project Bhawan. The District administration, in order to maintain law and order, had directed to deploy additional police force and magistrate in the city of Ranchi. The informant was deployed near the Dhurwa Gollambar (cross road) along with other police officers. The tear gas team, fire brigade, riot control team with water canon and ambulance were also deployed. In accordance with the direction of the Deputy Commissioner, Ranchi a company of Rapid Action Force was also deployed. Considering the huge congregation of the workers, politicians, and supports of BJP, the Sub-Divisional Officer had passed an order enforcing the restriction under Section 144 of the Criminal Procedure Code (CrPC).

It was alleged that in April 2023, a huge crowd of 5,000 people assembled in violation of the said order and the group started raising slogans against the working of the incumbent government. The entire group allegedly started to move towards the cross road and tried to break the barricade. It was further alleged that the crowd got increasingly violent and started throwing bottles and stones. The official made attempts to stop the protestors from breaking the barricades and moving towards 'Project Bhawan', however they became further violent and started pelting stones and sticks and allegedly injured some police officers. It was alleged that several journalists were also injured and when the officials were left with no alternative, they had to use the water cannon to disperse the crowd. After some time, still certain persons tried to instigate the crowd due to which tear gas had to be produced. It was further stated that minimal force was used on the crowd. Based on all this, an FIR was registered against several leaders of BJP.

The High Court in view of the facts and circumstances of the case observed, “Right to protest is recognized as a fundamental right under the Constitution of India. Further, this right is crucial in a democracy which rests on participation of an informed citizenry in governance and it strengthens representative democracy by enabling direct participation in public affairs where individuals and groups are able to express dissent and grievances, expose the flaws in governance and demand accountability from the State authorities as well as powerful entities.”

The Court added that holding peaceful demonstrations by the citizenry in order to air its grievances and to ensure that these grievances are heard in the relevant quarters, is its fundamental right and this right is specifically enshrined under Articles 19(1)(a) and 19(1)(b) of the Constitution.

“Legitimate dissent is a distinguishable feature of any democracy. Question is not as to whether the issue raised by the protestors is right or wrong or it is justified or unjustified. The fundamental aspect is the right which is conferred upon the affected people in a democracy to voice their grievances. Dissenters may be in minority. They have a right to express their views. A particular cause which, in the first instance, may appear to be insignificant or irrelevant may gain momentum and acceptability when it is duly voiced and debated. That is the reason that the Hon’ble Supreme Court has always protected the valuable right of peaceful and orderly demonstrations and protests”, it further noted.

The Court said that when there is a protest against police action or inaction, the possibility of violation of fundamental rights is maximum because police is licensed to carry arms for protecting people and misuse of such power can take place due to mistaken belief in the absolutism of the police power or on account of lack of sensitivity to the democratic rights.

“There is no direct allegation against these petitioners that they were indulged in breaking the barricade or in pelting stones or water bottles. The call was against the Government policy by the opposition leader of the State of Jharkhand. Admittedly, the intention of assembly was not intended to harm anybody, so far as these petitioners are concerned and if a fundamental right is involved, protests are there against the Government policy, as such, on that line, the judgment relied by the learned counsel appearing for the petitioners in the case of Anuradha Bhasin (Supra) is coming to aid these petitioners”, it also remarked.

The Court, therefore, concluded that to allow the proceeding to continue will amount to an abuse of the process of law.

Accordingly, the High Court allowed the writ petitions and quashed the case against the petitioners.

Cause Title- Babu Lal Marandi & Ors. v. The State of Jharkhand & Anr.

Appearance:

Petitioners: Advocates Prashant Pallav and Parth Jalan.

Respondents: AG Rajiv Ranjan and AC Deepankar.

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