The Supreme Court has dismissed the Jharkhand government's Special Leave Petition challenging the High Court's ruling in the Jharkhand Secretariat siege case. The apex court criticized the misuse of Section 144 of the Code of Criminal Procedure to curb protests and upheld the High Court's decision to quash the FIR filed against 28 BJP leaders for allegedly inciting violence during a protest. The case arose from the BJP's call for a secretariat siege to protest against the Hemant Soren-led government.
Jharkhand Secretariat Siege Case: Supreme Court Upholds High Court's Decision
Background
In March 2022, the Jharkhand unit of the Bharatiya Janata Party (BJP) organized a "secretariat siege" to protest against the state government led by Chief Minister Hemant Soren. The protest, which drew thousands of people, turned violent when protesters clashed with police. Several BJP leaders were arrested and charged under various sections of the Indian Penal Code (IPC), including sedition.
The Jharkhand High Court subsequently quashed the FIR filed against the BJP leaders, holding that the use of Section 144 of the Code of Criminal Procedure (CrPC) to curb protests was a misuse of the law. The state government challenged this decision in the Supreme Court.
Supreme Court Verdict
On August 18, 2023, the Supreme Court dismissed the Jharkhand government's Special Leave Petition, upholding the High Court's decision. The apex court criticized the misuse of Section 144 to curb protests and stated that it cannot be invoked to "stifle legitimate dissent."
The Supreme Court also observed that the FIR filed against the BJP leaders was "politically motivated" and lacked sufficient evidence to support the charges of sedition and other offenses.
Top 5 FAQs
1. What is Section 144 of the CrPC?
Section 144 empowers a District Magistrate or Commissioner of Police to order the dispersal of an assembly of five or more persons if it is likely to cause a disturbance of public order or breach of peace.
2. When can Section 144 be invoked?
Section 144 can be invoked in situations such as festivals, processions, religious gatherings, or political rallies where there is a likelihood of violence or disorder.
3. What is the punishment for violating Section 144?
Violation of Section 144 is punishable with imprisonment for up to six months or fine, or both.
4. What was the basis for the quashing of the FIR against the BJP leaders?
The High Court quashed the FIR because it found that the use of Section 144 in this case was not justified by the circumstances. The court also noted that there was insufficient evidence to support the charges of sedition and other offenses.
5. What is the significance of the Supreme Court's verdict?
The Supreme Court's verdict upholds the right to peaceful protest and sends a clear message that the government cannot use Section 144 to stifle dissent. It also sets a precedent that political motivations will not be tolerated in the prosecution of cases.
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