New Delhi, Nov 13: The Nagpur Bench of the Bombay High Court has quashed criminal proceedings against a 26-year-old man booked for protesting against poor road conditions in Maharashtra’s Chandrapur district, observing that peaceful civic protests cannot be criminalised in the absence of concrete evidence of unlawful restraint or violence.
According to Bar & Bench, Justice MW Chandwani, in an October 29 order, said the constitutional right to protest must not be confused with grounds for launching criminal prosecution.
“The lines between the constitutional right to protest and the unleashing of penal prosecutions cannot be allowed to be blurred. If this mindset gains traction, it would be a sad day for democracy,” the court observed as reported by Bar & Bench.
The case, Nishkarsh Kiran Nimgade v. State of Maharashtra, arose from an incident on January 21 this year, when a pickup vehicle overturned near Mauza Nandgaon after hitting an electricity pole, leaving several passengers injured.
Following the accident, local residents gathered at the spot and demanded action against Public Works Department (PWD) officials and the contractor over the poor condition of the road. The protesters allegedly tied a rope across the road.
Police subsequently registered an FIR against Nimgade for offences including wrongful restraint and unlawful assembly under the Bharatiya Nyaya Sanhita (BNS), besides provisions of the Maharashtra Police Act, 1951.
Examining the charge-sheet, Justice Chandwani noted that the prosecution had not recorded statements of any commuters to establish that traffic was obstructed. The accused’s name had also surfaced only after the police dispersed the gathering.
“Merely because a large number of persons gathered to agitate against the condition of the road and insisting for action against the erring officials of PWD department and the contractor, it cannot be presumed that the people gathered on the spot formed an unlawful assembly,” the court said.
The High Court further emphasised that Article 19(1)(b) of the Constitution guarantees citizens the right to assemble peacefully and without arms. It said criminal proceedings should not become a means of suppressing legitimate and non-violent democratic protests. Holding that the prosecution against Nimgade amounted to an abuse of the legal process, the court quashed the FIR and the charge-sheet under Section 528 of the Bharatiya Nagarik Suraksha Sanhita.
