Whenever There's A Protest, S.144 CrPC Order Is Issued; This Sends Wrong Signal : Supreme Court

The Supreme Court on Monday (January 27) flagged the misuse of Section 144 of the Code of Criminal Procedure (Section 163 BNSS) to issue curfew orders to curb protests and demonstrations.

A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan dismissed a petition filed by the State of Jharkhand challenging the Jharkhand High Court's order 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 submitted that accused violated the S.144 CrPC order and led a violent demonstration leading to injuries to public servants, police officers and journalists.  At this juncture, Justice Oka 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."

The bench observed that there was no ground made out to interfere with the High Court's judgment.

The High Court had quashed the cases observing that there were no direct allegations that the accused indulged in stone pelting and broke police barricades.

Case no. – Special Leave Petition (Criminal) Diary No. 56468/2024

Case Title – State of Jharkhand v. Nishikant Dubey & Anr.

Click Here To Read/Download Order

Related - Section 144 CrPC Cannot Be Used As A Tool To Prevent Legitimate Expression Of Opinion: SC