Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

The Punjab & Haryana High Court has quashed FIRs against political leaders booked for allegedly violating a Magistrate'sorder promulgated under Section 144 CrPC in 2020.It was alleged that a group of political leaders, including sitting and former MLAs and ministers of Punjab, violated the orders under Section 144 CrPC enforced in Chandigarh in 2020 to curb COVID-19. They marched towards the Punjab CM's house to meet him and raise grievances in the wake of the deaths of hundreds of people in Punjab due to the consumption of illicit and spurious liquor.Justice Anoop Chitkara observed, "The Petitioners had every right to protest democratically, and they did so in peace. Under Article 19 of the Constitution of India, in a democratic setup, every citizen has a legitimate right to raise his grievances reasonably without violating the law. The Petitioners were legally raising their grievances with the intent to meet the Hon'ble Chief Minister of Punjab. Merely bringing the Chief Minister of Punjab's attention to an important issue through a peaceful protest does not amount to an offence under section 188 IPC."The Court was hearing a batch of four petitions filed by political leaders to quash the FIR lodged under Section 188 IPC and summoning order. The petitioners had challenged the police report filed under section 173 CrPC and the formal letter by the District Magistrate addressed to the Court, referring to the FIR registered under section 188.It was argued by the petitioners that they did not commit any offence under Section 188 IPC because the administration did not comply with the provision of Section 134 CrPC and did not inform the general public of the area where Section 144 CrPC had been implemented.Right To Protest And Right To Raise Grievance Considering the submissions, the Court noted that "there was a hue and cry in the State of Punjab, and people were demanding justice and action against the guilty persons who were responsible for the death of 100 innocent civilians in the State of Punjab because the unscrupulous persons had sold illicit alcohol to them for their consumption." To apprise the public sentiments toward the Government, seek some aid to the devastated families, and stop such tragedies in the future, they decided to visit the Chief Minister of Punjab, it added.It further noted that it remained undisputed that the petitioners were not going to the residence of the Chief Minister for any personal work, but they were going for a social cause and that in the tragedy they were protesting, more than 100 persons had died in Punjab.Justice Chitkara observed that as public representatives, the petitioners were peacefully proceeding to meet the Chief Minister of Punjab to highlight their grievances. They had "every right to protest democratically", under Article 19 of the Constitution. It was further added that in a democratic setup, every citizen had a legitimate right to raise his grievances reasonably without violating the law and that the petitioners were legally raising their grievances with the intent to meet the Hon'ble Chief Minister of Punjab. Merely bringing the Chief Minister of Punjab's attention to an important issue through a peaceful protest does not amount to an offence under section 188 IPC, the judge added.Ingredients Of Section 188 IPC Were Not SatisfiedThe Court said that the counsel for UT "did not place on record any material that promulgation under Section 144 CrPC dated 09.07.2020 was issued to curtail COVID-19." In this order, the only thing that was mentioned was that "it was in force from 18.07.2020 for 60 days, i.e., up to 15.09.2020."Justice Chitkara elucidated that, "To attract the prima facie violation of Section 188 IPC, the concerned public servant or their successor must point out in the complaint that despite knowing such promulgation, the violator, without any mensrea or intention, disobeyed its directions; And either such disobedience caused or tends to cause obstruction, annoyance or injury, or risk of obstruction, annoyance or injury, to any person lawfully employed, or such disobedience caused or tends to cause danger to human life, health or safety, or causes or tends to cause a riot or affray. It is sufficient that the offender knows of the order they disobey and that such disobedience produced or is likely to produce harm."The State has not gathered any evidence to prima facie establish the above essential ingredients, and what disobedience the petitioner caused in this regard. Given the above, an offence under Section 188 of the IPC is not made out against any of the accused named in the FIR, the Court said further.Condition Of Section 195 CrPC Were Not Complied The bench also pointed out that another reason to disrupt the criminal trial was the express bar of Section 195 CrPC, which applies to the facts of the present case.It was found that the CrPC clearly stated that the Court cannot take Cognizance of the Police Report/Challan. The complaint as...

Punjab & Haryana High Court Quashes FIR Against Political Leaders For Allegedly Violating S.144 CrPC Orders, Says Peaceful Protest Not A Penal Offence U/S 188 IPC

Aiman J. Chishti

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