Karnataka High Court Quashes Rioting, Unlawful Assembly Case Against 8 For Protesting Against Implementation Of CAA-NRC

The Karnataka High Court recently quashed prosecution initiated against eight persons who were accused of rioting and participating in an unlawful assembly in 2019 to protest against implementation of CAA-NRC.According to the prosecution all the accused conspired to protest against implementation of CAA-NRC and assembled at the spot forming an unlawful assembly, inspite of restrictions imposed and pelted stones, soda bottles etc., at public properties. A single Judge, Justice Mohammad Nawaz allowed the petition filed by Athaulla Jokatte and others and quashed the proceedings pending against them under Section 143(punishment for being member of unlawful assembly), 147(Punishment for rioting), 148(Rioting, armed with deadly weapon), 341(Punishment for wrongful restraint), 268(Public nuisance), 290(Punishment for public nuisance in cases not otherwise provided for), 427(Mischief causing damage to the amount of fifty rupees), 336(Act endangering life or personal safety of others) read with Section 149 (common object) of IPC and Section 2(A) of the Karnataka Prevention of Destruction and Loss of Property Act, 1981.It was alleged by the complainant that on 19.12.2019, when he was driving a bus near Highland hospital, Kankanady, Mangaluru City, about 50 to 100 persons blocked the road, stopped his bus, abused him and the conductor in filthy language and pelted stones, soda bottles etc. at the bus thereby causing damage to the tune of Rs.60,000. The police registered an FIR against 50 to 100 persons and filed a chargesheet only against 16 people alleging that all the accused conspired to protest against implementation of CAA-NRC and assembled at the spot forming an unlawful assembly, in spite of restrictions imposed and pelted stones, soda bottles etc., at public properties.The petitioners argued that mere presence in an unlawful assembly, cannot render a person liable, unless it is shown that there was a common object and that object is one of those set down under Section 141 of IPC. Moreover, if the common object of an unlawful assembly is not proved, the accused persons cannot be convicted under the main offence with the aid of Section 143 or Section 149 of IPC. On going through the records the bench said “Admittedly, accused are strangers to the complainant. The descriptions of the accused who were among the mob and participated in pelting stones etc. are not mentioned in the complaint. Though the FIR was registered against 50 to 100 persons, chargesheet is filed only against 16 accused.” Allowing the petition it said “The identification of the accused among the mob is doubtful. No reasons are assigned for not chargesheeting others.” Appearance: Advocate Lethif B for PetitionersASPP Asma Kouser for R1. Citation No: 2025 LiveLaw (Kar) 184Case Title: Athaulla Jokatte & AND And State Of Karnataka Case No: CRIMINAL PETITION NO. 6797 OF 2022Click Here To Read/Download Order

Karnataka High Court Quashes Rioting, Unlawful Assembly Case Against 8 For Protesting Against Implementation Of CAA-NRC

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