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The Supreme Court on Monday dismissed an appeal of the Jharkhand government challenging the High Court order which quashed the rioting case against 28 BJP leaders including Nishikant Dubey, Arjun Munda and Babulal Marandi in connection with a protest against the state government in 2023.
A bench of Justices Abhay S Oka and Ujjal Bhuyan questioned the tendency of authorities to issue orders imposing restrictions under Section 144 CrPC to curb public demonstrations. Counsel appearing for the state said there was a 144 CrPC order in place and despite that, the crowd was led by them and turned disorderly. "Journalists were injured, policemen were injured, SDO was injured and the High Court said that they have the right to demonstrate," the counsel of the state contended. To this, the bench 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." "No case made out to interfere. SLP is dismissed," orders the top court. The apex court was hearing a plea filed by the State of Jharkhand against the Jharkhand High Court's order which quashed a rioting case against Bharatiya Janata Party (BJP) leaders including Member of Parliament (MP) Nishikant Dubey. In 2023, the 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 charges were based on allegations that the BJP leaders' protest led to violent incidents, including attempts to breach barricades, stone-pelting, and other forms of public disturbance. The High Court while reviewing the contents of the FIR had noted that there were no specific allegations against the BJP leaders related to breaking barricades or throwing stones and water bottles. (ANI)
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