KALIL Vs. STATE

JUDGEMENT

(1.) The Criminal Original Petitions have been filed to quash the proceedings in Cr.Nos.123/2020, 131/2020 and 126/2020 on the file of the respondent herein, for the offences under Sections 143 and 188 of I.P.C . as against the petitioners.

(2.) The case of the prosecution is that the petitioners were illegally assembled and organized dharna in the public road against the Citizenship Amendment Act , without getting prior permission from the concerned authority. On the basis of the above said allegation, the respondent police registered the complaint and filed a charge sheet against the petitioners and others for the offences under Sections 143 and 188 of IPC in Cr.Nos.123/2020, 131/2020 and 126/2020 on the file of the respondent herein.

(3.) The learned counsel appearing for the petitioners submitted that the petitioners are social activist and have been raising voice for the public cause and public welfare, whenever injustice and inaction of the government machineries. In order to draw the attention of the Central and State Governments, the petitioners along with several members had protested towards enactment of Citizenship Amendment Act . The learned counsel further submitted that the Hon'ble Supreme Court of India has held that the right to freely assemble and also right to freely express once view or constitutionally protected rights under Part III and their enjoyment can be only in proportional manner through a fair and non- arbitrary procedure provided in Article 19 of Constitution of India. He further submitted that it is the duty of the Government to protect the rights of freedom of speech and assemble that is so essential to a democracy. According to Section 195(1)(a) of Cr.P.C., no Court can take cognizance of an offence under Section 188 of IPC, unless the public servant has written order from the authority. Further he submitted that the petitioners or any other members had never involved in any unlawful assembly and there is no evidence that the petitioners or others restrained anybody. However, the officials of the respondent police had beaten the petitioners and others. When there was lot of members involved in the protest, the respondent police had registered this case, under Section 143 and 188 of IPC as against the petitioners and others. Therefore, he sought for quashing the proceedings.