If The Mindset To Stifle Right To Protest Gets Traction, It Would Be A Sad Day For Democracy: Bombay High Court

In a significant order, the Goa bench of the Bombay High Court has said that the mindset to 'dilute' or 'stifle' the the fundamental right to protest of citizens, if gains traction, it would one of the saddest days of democracy.

A division bench of Chief Justice Alok Aradhe and Mahesh Sonak said the State must not launch prosecution only to stifle agitations, which are a part of the democratic process, at least till it does not turn violent.

"Prosecutions must not be launched to stifle agitations that are part of the democratic process so long as people do not take the law into their own hands or indulge in violence or damage to public or private property. Article 19(1)(b) of the Constitution guarantees the right to assemble peaceably and without arms," the judges said in the order passed on March 12.

While reasonable restrictions, the bench underscored, could always be imposed on exercising this fundamental right, such right must not be diluted or stifled based upon vague charges bereft of the essential ingredients to constitute offences under the penal laws.

"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 order penned down by Justice Sonak, reads.

The bench made the observations while quashing a First Information Report (FIR) lodged against two members of the Revolutionary Goans Party (RGP) a regional political party, who were booked for staging protests outside a police station in Valpoi City on January 6, 2021 along with 300 persons.

It was the prosecution's case that Tukaram Parab, the president of RGP along with one of the party's members Rohan Kalangutkar, led around 300 persons outside the Valpoi Police Station as they protested the proposed IIT in the city. The prosecution alleged that the crowd raised slogans against the police, and their “leaders appealed them to maintain blockade while threatening to storm inside the premises of PS Valpoi and cause destruction of govt. property and further injury to the govt. staff inside the premises.”

Accordingly, both Parab and Kalangutkar were booked under sections 143 (unlawful assembly), 145 (continuing to be in unlawful assembly despite command to disperse), 147 (rioting), 341 (wrongful restrain), 186 (obstructing public servant from discharging duties), 353 (using criminal force to deter public servant from discharging duties), 120-B (criminal conspiracy) read with Section 149 (vicarious liability of members of the unlawful assembly) of the Indian Penal Code (IPC).

However, the bench noted that the evidence on record, fell short of establishing the offences as alleged in the FIR and in the chargesheet. 

As regards the charge under section 149 is concerned, the judges said, "The presence and sharing of a common unlawful object is a must to invoke Section 149 IPC. Mere presence is not enough. Going by the allegations in the FIR/complaint, we are satisfied that no offences have been made, and any further continuance of the petitioner's prosecution would amount to an abuse of the judicial process."

With these observations, the bench quashed the FIR and the subsequent chargesheet. 

Appearance:

Senior Advocate CA Ferreira along with Advocates Nehal Govekar, Sujay Kamulkar and Rakesh Naik appeared for the Petitioners.

Additional Public Prosecutor Pravin Faldessai represented the State.

Case Title: Tukaram Parab vs State (Criminal Writ Petition 31 of 2021).

Citation: 2025 LiveLaw (Bom) 95

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