The right to peaceful protest is a fundamental right under Articles 19(1)(a) and 19(1)(b) of the Constitution, and proceedings against leaders of a peaceful protest were quashed due to lack of direct allegations.

JUDGMENT :

SANJAY KUMAR DWIVEDI, J.

1. Heard Mr. Prashant Pallav, learned counsel appearing for the petitioners and Mr. Rajiv Ranjan, learned Advocate General appearing for the respondents-State.

2. In all these writ petitions, common questions of fact and law are involved, that’s why all these petitions have been heard together with the consent of the parties.

3. In all these petitions, prayers are made for quashing of the entire criminal proceedings arising out of Dhurwa P.S. Case No. 107 of 2023, registered under Sections 147, 148, 188, 109, 353, 332, 427 and 323 of the Indian Penal Code, pending in the court of learned Judicial Magistrate, Ranchi.

4. The said Dhurwa P.S. Case No. 107 of 2023 was registered alleging therein that the political party Bhartiya Janta Party, had organized a protest against the Government of Jharkhand near the Project Bhawan (Government of Jharkhand). The District administration, in order to maintain law and order, had directed deployed additional police force and magistrate in the city of Ranchi. The informant was deployed along near the Dhurwa Gollambar (cross road) on the road leading from Dhurwa Gollambar (cross road) to Prabhat Tara field along with Binod Prajapati, Circle Officer Namkum Ranchi; Mrs. Mohal Rajpurohit, Assistant Police Superintendent Headquarters-I, Mr. Animesh Nouthani, Police Deputy Superintendent, Khehlari and Awdesh Thakur, Police Inspector Mandar Anchal and tear gas team, fire brigade, riot control team with water cannon and ambulance. In accordance with the direction of the Deputy Commissioner, Ranchi a company of Rapid Action Force was also deployed.

It is mentioned that considering the huge congregation of the workers, politicians and supports of the Bhartiya Janta Party, the Ld. Sub- Divisional Officer had passed an order enforcing the restriction under Section 144 of the Code of Criminal Procedure, 1973 from 8:30 AM in the morning to 11:00 PM on 11th of April 2023. It has been further alleged that on 11th of April 2023 at about 1:30 PM, a huge crowd of 5,000 (five thousand) people assembled in violation of the order passed under Section 144 of the Code of Criminal Procedure, 1973. The group started to raise slogans against the working of the incumbent government. The entire group started to move towards Dhurva Gollambar (cross road) and tried to break through the barricade. It has been further alleged that time and again the government official, made announcement that restriction under Section 144 of the Code of Criminal Procedure, 1973 is in force. However, it has been 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 injured Mr. Deepak Dubey, Sub-Divisional Officer, Sadar, Ranchi; Vimal Nandam Singh, Station In-charge Dhurva; Narayan Soren, Police Sub-Inspector, Manish Kumar, Santosh Kumar Sharma, Anil Kumar Mahto along without police officials. It has been further alleged that several journalists were also injured. When the official were left with no alternative, they had to use the water cannon to disperse the crowd. After some time, still certain person tried to instigate the crowd due to which tear gas had to be produced. It has been further stated that minimal force was used on the crowd.

On the basis of the aforesaid allegation, the First Information Report was registered against several leaders of the Bhartiya Janta Party. The name of the remaining Petitioners which is not mentioned in the FIR has been included during the course of investigation.

5. Mr. Prashant Pallav, learned counsel appearing for the petitioners submits that in the first case, there are 26 petitioners and in other two cases, one petitioner in each case is there. He submits that these petitioners happened to be the leaders of opposition party in the State of Jharkhand.