On January 27, 2025, the Supreme Court dismissed the Jharkhand government's appeal challenging the High Court's decision to quash criminal cases against BJP leaders, including MP Nishikant Dubey, related to protests held in Ranchi in 2023. The bench, comprising Justices Abhay S. Oka and Ujjal Bhuyan, emphasized that prohibitory orders under Section 144 of the Criminal Procedure Code (CrPC) are often misused to suppress protests.
The state's counsel argued that despite the imposition of Section 144, the accused organized a protest that escalated into violence, resulting in injuries to several individuals, including administrative officials. The counsel contended that the High Court erred in its judgment by upholding the right to protest.
However, the Supreme Court observed that there is a prevailing tendency to impose prohibitory orders whenever a protest is anticipated. The bench remarked, "If we interfere, it will send the wrong signal. What is the requirement of issuing orders under Section 144 of CrPC if somebody wants to hold a demonstration? This happens because Section 144 of CrPC is being misused."
The High Court, in its August 14, 2024, ruling, had quashed the case against the BJP leaders, stating that the right to peaceful protest is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution. The court emphasized that such rights are crucial in a democracy, enabling citizens to express dissent, highlight grievances, and demand accountability from authorities.
This Supreme Court decision reinforces the importance of the right to peaceful protest and cautions against the misuse of legal provisions to curb democratic expressions.
