Peaceful protest is part of fundamental rights: HC

Saurabh Malik

Chandigarh, February 13

The Punjab and Haryana High Court has ruled that peaceful protest is part of fundamental rights. The assertion by Justice Harkesh Manuja came in a case where the “working class citizens” were allegedly protesting and seeking action against a Gurugram builder.

Court admonishes police

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Even if it is assumed there was a road blockage at the instance of petitioner and others, they being only 10-12 persons could easily be dispersed by the police rather than dragging them into criminal trial. This escalated their agony and added pressure to the already burdened criminal legal system. Justice Harkesh Manuja

Rapping the investigating officer for conduct “not beyond reproach”, Justice Manuja also ruled that the “criminal legal system” would collapse and the citizen concerned would lose hope in the efficiency and efficacy of the judicial system, if the state police were allowed to justify their actions through weak and random explanations.

The observation came after Justice Manuja asserted that the investigation report did not provide basis for exonerating two persons, while all were facing same accusations. Some eyewitnesses were referred to without specifying detail, which smacked of biasness and arbitrariness.

Justice Manuja was hearing a petition filed by Gagandeep Singla for quashing the FIR registered on September 16, 2017, for offences related to rioting, unlawful assembly and other issues under Section 147, 149, 188 and 283 of IPC at Gurgaon Sadar police station.

Their counsel told Justice Manuja’s Bench that petitioner and others were “pursuing the matter regarding delay in delivery of flats” with authorities, including the police, for taking action against the builder and register a cheating/fraud case.

They waited till afternoon after visiting the police station in the morning. But the SHO did not register the FIR and rather treated them “very rudely”, following which two of the aggrieved had a verbal spat. An angry SHO then registered the FIR against the petitioner and 11 others by concocting the roadblock story.

Justice Manuja asserted they were allegedly protesting after facing with the circumstance of losing their entire savings in search of a home for their family.

They undeniably had a right to protest, protected under Article 19. They did not get the promised flat. On the contrary, they were facing the agony of criminal trial from last around five years.

“Neither there are any criminal antecedents of the accused persons, nor can it be said that they had any criminal intention to commit any offence. Rather, they were victim of circumstances, facing apathy from the authorities. Caught in the extreme circumstances, a peaceful protest in fact is part of fundamental right,” Justice Manuja asserted.

Even if road blockage at their instance was assumed, the police could have easily dispersed them as there were only about 10 to 12 persons instead of dragging them into a criminal trial. This escalated their agony and added pressure to the already burdened criminal legal system. Coercive action like this even created a ‘chilling effect’ on manifestation of these rights in real life,” Justice Manuja asserted, while quashing the proceedings against all the persons.