Peaceful Protests Don't Attract Recovery Of Police Deployment Costs Unless Democratic Limits Are Exceeded: Rajasthan High Court

The Rajasthan High Court has held that in cases where the permissible democratic limits to peaceful protests are crossed by the protestors, resulting in acts like climbing on the overhead tanks, police has the right to recover additional expenses from such protestors, incurred for maintaining law and order.

The bench of Justice Farjand Ali was hearing a matter concerning the charges related to deployment of additional police force when one of the petitioners climbed an overhead water tank during the protest. It observed,

“peaceful agitation or protest against any perceived civil wrong or against a decision of the Government, if carried out in a democratic and lawful manner and subject to reasonable restraints, forms an integral part of a democratic set up, and ordinarily no recovery of expenses should be fastened upon the protestors for such lawful and peaceful demonstration. At the same time, any act exceeding the permissible democratic limits, including the act of climbing upon an overhead tank with an element of threat to public order or safety, may legitimately invite recovery of expenses incurred for maintaining law and order.”

While the petition was allowed to be withdrawn at the request of the petitioners, and was dismissed, the Court granted liberty to the concerned Superintendent of Police to objectively reassess the nature of protest and confine recovery only to such acts that transgressed lawful democratic protest, and not towards peaceful agitation.

Title: Rakesh Kumar & Ors. v State of Rajasthan & Ors.

Citation: 2026 LiveLaw (Raj) 69

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