Supreme Court quashes FIR against Mohan Babu and Vishnu for a 2019 ‘dharna’ in Andhra Pradesh. Court says they were exercising their right to peaceful protest despite the Model Code of Conduct.
New Delhi: On July 31, the Supreme Court of India has set aside an FIR and related legal proceedings against actor and educationist Manchu Mohan Babu and his son Manchu Vishnu Vardhan Babu, ruling that their participation in a protest rally during the 2019 election period was a peaceful exercise of their constitutional rights.
A bench comprising Justices B V Nagarathna and K V Viswanathan observed that the protest or “dharna” held in March 2019 in Andhra Pradesh did not amount to any criminal offence.
The rally took place when the Model Code of Conduct (MCC) was in effect due to the upcoming Lok Sabha and State Assembly elections in the state. However, the court said the protest did not violate any law to warrant a criminal case.
The bench delivered its judgment in appeals filed by Manchu Mohan Babu and his son Vishnu, who had challenged the Andhra Pradesh High Court’s refusal to quash the FIR registered against them. The protest was reportedly conducted to demand fee reimbursements for students.
The Supreme Court made it clear that
“the appellants were exercising their right to freedom of speech and expression and to assemble peacefully.”
It further remarked that the charges in the FIR and the charge sheet
“do not disclose any material to suggest that there was any undue influence on the elections or any act committed with the intention to interfere with the free exercise of electoral rights.”
The protest, according to the state’s claims, was held on March 22, 2019, by Mohan Babu, Vishnu, students, and staff of Sri Vidyaniketan Educational Institutions along the Tirupati-Madanapalli road.
It was alleged that they raised slogans against the then Andhra Pradesh government for not granting fee reimbursements, causing traffic blockage and inconvenience to the public.
However, the court clarified that even if the state’s version was taken at face value, it still wouldn’t prove that the protest was illegal or obstructed public order in a serious manner.
The bench noted,
“Therefore, even if the case of the respondent-state is accepted at its face value, it cannot be concluded that the appellants, while conducting the rally and dharna, engaged in any form of obstruction of the road in a manner that led to the offences alleged,”
According to the Model Code of Conduct that came into effect on March 10, 2019, public rallies, meetings, and road-shows were not allowed without prior permission from the appropriate authorities until the end of the elections. The elections in Andhra Pradesh were scheduled for April 11, 2019.
Despite this, the Supreme Court found that no purpose would be served by continuing the criminal proceedings.
The bench observed,
“No purpose will be served by continuing with the prosecution,”
The judges also underlined that there was no evidence to suggest the protest caused harm or violated any public rights.
The bench stated,
“The FIR and the chargesheet do not disclose any act committed or illegal commission that caused a common injury, danger, annoyance to the public or any section of the public or an interference with their public rights,”
It was highlighted during the proceedings that Manchu Mohan Babu is the chairman of Sri Vidyaniketan Educational Institutions and his son, Vishnu Vardhan Babu, is associated with him.
The FIR had been registered soon after the rally and was followed by a chargesheet. When the High Court of Andhra Pradesh refused to quash the case in January, the appellants approached the Supreme Court seeking relief.
The top court allowed the appeal and overruled the High Court’s decision. It stated that the FIR and the charge sheet did not show that any criminal offence had been committed.
The court concluded,
“None of the offences alleged against the appellants was made out,”
Case title:
Manchu Mohan Babu & Anr. vs State of Andhra Pradesh
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