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Issuing Sc. 144 Whenever There Is a Protest Sends Wrong Signal: Supreme Court

The apex court was hearing a plea filed by Jharkhand government. In the hearing the bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan quashed the plea.  

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The Supreme Court on Monday (27th January) has hinted the misuse of the Section 144 of the Code of Criminal Procedure (Section 163 BNSS) with the aim of curbing protests and demonstrations.

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The apex court was hearing a plea filed by Jharkhand government. In the hearing the bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan quashed the plea.  

A petition was filed by the State of Jharkhand challenging an order passed by Jharkhand High Court quashing cases against 28 BJP leaders including Nishikant Dubey, Arjun Munda and Babulal Marandi in connection to a protest against the state government in 2023.

The counsel for the State of Jharkhand resorted to Section 144 and said that these people  led a violent demonstration resulting in  injuries to public servants, police officers and journalists.

In the hearing, Justice Oka was quoted to have orally said—“There is a tendency that because there is a protest, 144 (CrPC) order is issued. This will send the wrong signal. What is the requirement of issuing 144 if somebody wants to hold a demonstration? This happens because 144 is being misused." (live law).

The bench observed that there was no ground made out to interfere with the High Court's judgment. The High Court had earlier quashed the cases on the basis that there were no direct allegations that the accused leaders were indulged in stone pelting and broke police barricades.

Jharkhand Supreme Court Jharkhand High Court