The Supreme Court on Monday questioned the repeated invocation of Section 144 of the Code of Criminal Procedure (CrPC) by authorities to curb protests across the country..The Bench of Justices Abhay S Oka and Ujjal Bhuyan highlighted the tendency of authorities to issue orders imposing restrictions under Section 144 CrPC to curb public demonstrations."There is a tendency that because there is a protest, therefore 144 (CrPC) order is issued. This will send the wrong signal. What is the necessity of issuing 144 if somebody wants to hold a demonstration? All this happens because 144 is being misused," Justice Oka said..The Court was hearing a plea moved by the State of Jharkhand against the Jharkhand High Court's decision to quash a rioting case against Bharatiya Janata Party (BJP) leaders including Member of Parliament (MP) Nishikant Dubey.In 2023, the police had registered a case alleging that the BJP organised a protest against the Jharkhand government near the Project Bhawan despite passing enforcement of restrictions under Section 144 CrPC.According to the police, the protestors tried to break through the barricade and started throwing bottles and stones..The High Court in August 2024 quashed the FIR against Dubey and others, observing that liability cannot be fastened upon the top leaders of the opposition party."The right of people to hold peaceful protests and demonstrations, etc. is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India. Right to protest is recognized as a fundamental right under the Constitution of India," the Court had said..Today, the senior counsel representing the State argued before the top court that many persons were injured in the protest held by BJP."Journalists are injured, policemen are injured, SDO is injured. And the High Court said that they have the right to demonstrate," it was submitted.However, the Bench was unconvinced and dismissed the plea moved by the Jharkhand government.
