In a major relief to many BJP leaders -- including Nishikant Dubey, Arjun Munda and Babulal Marandi -- the Supreme Court on Monday in its order rejected the Jharkhand government's appeal challenging the High Court order which quashed rioting cases against them in 2023.
"We are not inclined to interfere with the August 14, 2024 order of the high court and dismissed the appeal (of Jharkhand govt)," a two-judge bench of the apex court, led by Justice Abhay S Oka and Justice Ujjal Bhuyan, in their order, said.
The top court passed the order, after hearing an appeal filed by the State of Jharkhand against the Jharkhand High Court's order which quashed a rioting case against Bharatiya Janata Party (BJP) leaders including Member of Parliament (MP) Nishikant Dubey and others.
After hearing a coercive argument from the Jharkhand government, which argued to set aside the HC order and initiate the case against the accused persons, the apex court declined it. “No case made out to interfere. SLP is dismissed,” the top court said.
During the hearing, the Jharkhand government said despite prohibitory orders under section 144 of the CrPC in place, the accused persons allegedly held a protest that turned violent and several people, including administrative officials, were injured.
"The High Court erred in its finding and said they have the right to protest. Thereby the apex court should pass appropriate directions and orders against the accused," the Jharkhand government said.
The apex court did not find any merit in the arguments of the Jharkhand and it questioned the tendency of authorities to issue orders imposing restrictions under Section 144 CrPC (Code of Criminal Procedure) 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," the top court said.
In 2023, the police had registered a case against the BJP leaders, alleging that the accused persons had illegally organised a protest against the Jharkhand government near Project Bhawan despite passing enforcement of restrictions under Section 144 CrPC.
The High Court, while quashing the charges, in its order, held that there were no specific allegations against the BJP leaders related to breaking barricades or throwing stones and water bottles.