The has quashed criminal proceedings against six job aspirants who were booked for protesting against alleged recruitment irregularities, ruling that a does not become an offence merely because it is unwelcome to those in authority. Justice Anuj Singh, in a judgment delivered on , held that the First Information Report (FIR) lodged at failed to disclose the of any of the offences invoked against the protesters, including , , and acts likely to spread infection during the COVID-19 pandemic.
The court was hearing a filed by Trina Halder and others seeking the quashing of Case No. 169 of 2021. The case arose from a protest organized on , by SSC job aspirants who had gathered near Mayukh Bhawan in Salt Lake and were proceeding towards Bikash Bhawan while raising slogans to press their demands against alleged irregularities in recruitment. According to the complaint lodged by Sub-Inspector Suman Roy, the gathering violated COVID-19 protocols and an order under . The complaint further alleged that the protesters did not disperse when asked, obstructed public movement, and prevented officials from discharging their duties. Thirteen persons, including the six petitioners, were arrested.
The petitioners contended that they were exercising their to and to assemble peacefully under . They argued that the FIR did not disclose a case and that continuing the investigation would prejudice their future employment prospects. The State opposed the petition, arguing it was not maintainable.
Essentials Ingredients of Offences Not Established
Justice Anuj Singh examined each of the penal provisions invoked against the petitioners and found that the allegations, even if accepted in their entirety, did not satisfy the legal requirements for any of the offences. On the charge of under , the court noted that under , an assembly of five or more persons constitutes an only when its falls within one of the specified categories, such as using against the government or a public servant, resisting the execution of law, or committing an offence. The FIR did not disclose any such .
“Thus, mere protest and raising slogans cannot be said to be an unlawful under section 141,” the court observed. It relied on the ’s earlier decision in , which held that “any large assembly of demonstrator would not be either illegal or unconstitutional.”
With regard to (disobedience of an order promulgated by a public servant), the court noted that although the FIR referred to a under Section 144 CrPC, the order itself was not placed on record. The complaint also failed to explain how the protesters’ conduct caused obstruction or danger to human life. On the charge of under , the FIR did not identify any specific person who was prevented from moving in a direction they were entitled to take, nor did it specify the manner or duration of such restraint.
Right to Peaceful Assembly Upheld
The court also addressed the charges under (negligent and malignant acts likely to spread infection) and . It found that the FIR did not allege that any of the petitioners were infected with COVID-19 or had reason to believe they were carrying the disease. The general allegation of violating COVID-19 protocols was insufficient, as the FIR did not specify which particular protocol was violated, how it was violated, and by whom. Referring to decisions of other High Courts, the court noted that in the absence of specific guidelines alleged to have been violated, no presumption of unlawfulness arises.
Justice Anuj Singh emphasized the constitutional protection afforded to peaceful protests. Citing the ’s decision in , he observed that the , criticise the government, and peacefully protest in a legitimate and lawful manner is integral to democracy. “Thus, a demonstration does not become an offence merely because it was unwelcome to those in authority,” the court held.
FIR and Consequential Proceedings Quashed
Applying the principles laid down by the in , the court concluded that the present case fell within categories where the allegations, even if taken at face value, do not disclose an offence, and where the proceedings are manifestly attended by . “It is an unavoidable inference that the Petitioners are being punished for the protest, making it a ,” Justice Anuj Singh observed.
In light of the foregoing, the court quashed the FIR registered at on , along with all consequential proceedings, including G.R. Case No. 901 of 2021 pending before the . A copy of the judgment was directed to be communicated to the concerned criminal court and the officer-in-charge of the police station. The was allowed with no order as to costs.