Peaceful protests can't be a criminal offense: Calcutta HC
What's the story
The Calcutta High Court has ruled that peaceful protests cannot be considered criminal offenses simply because they are unwelcome to those in authority. The court emphasized that the right to dissent and assemble peacefully is a fundamental aspect of democracy. This ruling came while quashing criminal proceedings against six School Service Commission (SSC) job aspirants who protested against alleged recruitment irregularities in August 2021.
Legal scrutiny
HC dismisses charges against petitioners
Justice Anuj Singh of the Calcutta High Court dismissed charges of unlawful assembly, wrongful restraint, and acts likely to spread infection.
The judge observed that the police complaint did not establish essential elements of these offenses.
"It is an unavoidable inference that the Petitioners are being punished for the protest," the court said, calling it a "vexatious and frivolous proceeding."
Precedent cited
Court refers to earlier HC ruling
The court also referred to an earlier Calcutta High Court ruling, Association for Protection of Democratic Rights v State of West Bengal, which stated that a large gathering of demonstrators is not inherently illegal or unconstitutional.
The court reiterated that Article 19(1)(b) of the Constitution guarantees all citizens the right to assemble peaceably.
Case dismissal
Case involved protest against recruitment irregularities
The case in question involved a protest on August 5, 2021, when SSC job aspirants gathered near Mayukh Bhawan in Salt Lake. They were proceeding toward Bikash Bhawan to raise slogans against alleged recruitment irregularities.
The police complaint alleged violations of COVID-19 protocols and Section 144 of the CrPC.
Thirteen people were arrested in connection with this protest, including six petitioners.
Case review
Ruling comes ahead of planned mobilization
The court found that the FIR did not establish a prima facie case against the six petitioners. It quashed the FIR registered at Bidhannagar North police station and all consequential proceedings.
The ruling comes amid heightened security in Delhi ahead of a planned mobilization against the Special Intensive Revision (SIR) of electoral rolls.
Opposition parties have criticized these curbs as an infringement on their right to assemble and protest.