Sad day for democracy if penal action is taken against peaceful protests: Bombay High Court

The Nagpur Bench of the Bombay High Court recently quashed criminal proceedings against a 26-year-old man booked for protesting against authorities in Chandrapur district over poor road conditions [Nishkarsh Kiran Nimgade v. State of Maharashtra].

In an order dated October 29, Justice MW Chandwani held that peaceful civic agitations cannot be criminalised without concrete evidence of unlawful restraint or violence.   

“The lines between the constitutional right to protest and the unleashing of penal prosecutions cannot be allowed to be blurred. If this mindset gains traction, it would be a sad day for democracy,” the Court remarked.

The issue started on January 21 this year after a pickup vehicle overturned near Mauza Nandgaon upon hitting an electricity pole, injuring several passengers. 

Local residents gathered at the site to demand action against Public Works Department (PWD) officials and the contractor.

The residents also allegedly tied a rope across the road. 

The police subsequently registered a First Information Report (FIR) against accused Nishkarsh Nimgade for the offences of wrongful restraint and unlawful assembly under the Bharatiya Nyaya Sanhita (BNS) and other provisions under the Maharashtra Police Act, 1951.   

After examining the charge-sheet, Justice Chandwani noted that the prosecution recorded no commuter statements proving obstruction on the road. 

Meanwhile Nimgade's name surfaced only after police dispersed the crowd.   

“Merely because a large number of persons gathered to agitate against the condition of the road and insisting for action against the erring officials of PWD department and the contractor, it cannot be presumed that the people gathered on the spot formed an unlawful assembly,” the order stated.   

Additionally, the Court underscored that Article 19(1)(b) of the Constitution protects peaceful assembly without arms, adding that prosecutions must not stifle democratic non-violent protests.   

“The launch of criminal prosecution against the applicant is nothing but an abuse of the process of the Court,” Justice Chandwani concluded. 

He quashed the FIR and charge-sheet under Section 528 of the Bharatiya Nagarik Suraksha Sanhita.   

Advocates Purushottam Patil, NA Waghmare, Vinay Rathi and Yash Ghodichor appeared for Nimgade.

Additional public prosecutor HD Futane appeared for the State. 

[Read Order]