The Supreme Court’s observations came during a hearing on a plea filed by the State of Jharkhand. The state challenged the Jharkhand High Court’s decision to quash a rioting case against Bharatiya Janata Party (BJP) leaders, including Member of Parliament (MP) Nishikant Dubey.
NEW DELHI: The Supreme Court today (27th Jan) raised concerns about the frequent use of Section 144 of the Code of Criminal Procedure (CrPC), now (Section 163 BNSS) by authorities to control protests across India. This section empowers the police to impose restrictions on public gatherings to prevent disturbances.
In a recent hearing, the Bench of Justices Abhay S Oka and Ujjal Bhuyan questioned the tendency of authorities to invoke this provision whenever a protest takes place.
The Judges expressed their concern over the growing tendency to issue orders under Section 144 CrPC simply because a protest was organized.
Justice Oka commented on the issue, saying, “There is a tendency that because there is a protest, therefore 144 (CrPC) order is issued. This will send the wrong signal.”
He further questioned the justification behind using Section 144, stating, “What is the necessity of issuing 144 if somebody wants to hold a demonstration?”
Justice Oka emphasized that the misuse of this law is a growing problem, noting that “All this happens because 144 is being misused.”
The Supreme Court’s observations came during a hearing on a plea filed by the State of Jharkhand. The state challenged the Jharkhand High Court’s decision to quash a rioting case against Bharatiya Janata Party (BJP) leaders, including Member of Parliament (MP) Nishikant Dubey.
In 2023, the Jharkhand police had filed an FIR accusing the BJP of organizing a protest against the Jharkhand government near Project Bhawan. The protest was held despite the enforcement of restrictions under Section 144 CrPC. According to the police report, the protestors tried to break the barricades and began throwing bottles and stones.
In August 2024, the Jharkhand High Court quashed the FIR against BJP leaders, including Dubey. The court reasoned that the top leaders of the opposition party could not be held responsible for the actions of the protestors. Additionally, the High Court recognized the right to protest as a fundamental right under the Indian Constitution.
The court stated, “The right of people to hold peaceful protests and demonstrations, etc. is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India. Right to protest is recognized as a fundamental right under the Constitution of India.”
During the Supreme Court hearing, senior counsel representing the Jharkhand government argued that many people were injured during the BJP-led protest.
The counsel pointed out that “Journalists are injured, policemen are injured, SDO is injured.”
The argument was made in response to the High Court’s decision, which upheld the right to protest.
Despite the arguments presented by the Jharkhand government, the Supreme Court bench remained unconvinced and dismissed the plea.
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