The Supreme Court on Monday dismissed the Jharkhand government’s appeal challenging the High Court’s order quashing rioting cases against 28 BJP leaders, including Lok Sabha member Nishikant Dubey, former chief ministers Arjun Munda and Babulal Marandi, in connection with a protest against the state government in 2023.
Deprecating the tendency of authorities to impose restrictions by enforcing Section 144 CrPC to curb public demonstrations, a bench of Justice Abhay S Oka and Justice Ujjal Bhuyan said, “There is a tendency that because there is a protest, therefore 144 (CrPC) order is issued. This will send the wrong signal. What is the necessity of issuing 144 if somebody wants to hold a demonstration? All this happens because 144 is being misused.”
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Dismissing the appeal by the Jharkhand government against the State High Court order, the bench said, “No case is made out to interfere. SLP is dismissed.”
In the course of the hearing, advocates appearing for the Jharkhand government told the bench that “Journalists were injured, policemen were injured, SDO was injured and the High Court said that they have the right to demonstrate.”
In 2023, the Jharkhand police had registered a case alleging that the BJP organised a protest against the Jharkhand government near the Project Bhawan despite passing enforcement of restrictions under Section 144 CrPC. The protest turned violent including stone-pelting, and attempts to breach barricades.
Reviewing the contents of the FIR, the High Court had noted that there were no specific allegations against the BJP leaders related to breaking barricades or throwing stones and water bottles.
