Staff Reporter
Panaji
The High Court of Bombay at Goa, while quashing the FIR against RG leaders Manoj Parab and Rohan Kalangutkar, observed that prosecutions must not be launched to stifle agitations that are part of the democratic process, as long as people do not take the law into their own hands or indulge in violence or damage public or private property.
The High Court said, “Article 19 (1) (b) of the Constitution guarantees the right to assemble peaceably and without arms. While reasonable restrictions could always be imposed on exercising this fundamental right, such right must not be diluted or stifled based upon vague charges bereft of the essential ingredients to constitute offences under the penal laws. The lines between the constitutional right to protest and the unleashing of penal prosecutions cannot be allowed to be blurred. If this mindset gains traction, it would be a sad day for democracy.”
The High Court said it found it difficult to accept that any of the offences the two were charged with were made out, even by accepting the allegations at their face value. They were arrested for protesting against the proposed IIT project in Melauli in 2021. The division bench comprising Chief Justice of the High Court of Bombay at Goa Alok Aradhe and Justice Mahesh Sonak said, “We find it difficult to accept that any of the offences the petitioners are charged with have been made out even by accepting the allegations at their face value. There are no clear allegations that the petitioners had assembled or marched towards the police station with any unlawful object or with an objective to commit any crime…”
There are no allegations about the wielding of deadly weapons.”
“There are no allegations of any actual destruction of government property or injuries to the government staff inside the police station premises. The only allegation is that the petitioners and others marched towards the police station shouting slogans. Even if the allegations are taken at their face value and accepted in their entirety, we are satisfied that no offence is made under the Sections for which the petitioners have been charged,” the High Court said.
