Justice MW Chandwani held the prosecution of 26-year-old Nishkarsh Nimgade was an abuse of the process of law.
Nagpur: The Nagpur bench of Bombay High Court said it would be a “sad day for democracy” if criminal cases are filed against peaceful protesters and quashed an FIR against a Chandrapur man, who led an agitation for repair of a battered road.
The court noted Article 19(1)(b) of the Constitution guarantees the right to assemble peacefully and without arms. No prohibitory order was on record to attract Section 135 of Maharashtra Police Act, the court said. Citing a Supreme Court ruling, Justice Chandwani said, “It is a settled law that prosecutions must not be launched to stifle agitations that are part of democratic process as long as protesters don’t take the law into their own hands or indulge in violence or damage public or private property.
On limits to that right, Justice Chandwani said, “While reasonable restrictions could always be imposed on exercising this fundamental right, it must not be diluted or stifled on vague charges bereft of essential ingredients to constitute offences under law. The court said the chargesheet did not specify who obstructed traffic and no passerby’s statement was recorded. A crowd gathered at the spot and demanded action against PWD officials and the contractor for poor quality of the road. Mul police named a Nimgade in an FIR for wrongful restraint, unlawful assembly and other offences. It noted the accused’s name did not figure in the portion of the FIR alleging obstruction, and that he was found later with those agitating, which could not be termed an offence.
The court quashed the FIR, the chargesheet and the case pending before the judicial magistrate first class at Mul, only in respect of Nimgade.