The Jharkhand High Court recently discharged Bharatiya Janata Party (BJP) leader and Member of Parliament (MP) Nishikant Dubey in a criminal case related to a demonstration held by him and other BJP leaders in 2009 [Nishikant Dubey v. State of Jharkhand].Justice Sanjay Kumar Dwivedi said that a public representative is entitled to raise a legitimate public issue in peaceful demonstrations."The public representative is entitled to raise a legitimate public issue and for that, a peaceful demonstration is going on everywhere. The petitioner (Dubey) is not indulged in any act of violence (sic)," the Court's February 9 order stated.The Court further reasoned that protections are certainly available to a citizen under Article 19 of the Constitution of India for holding of a peaceful demonstration.“Article 19(1)(a) of the Constitution of India confers right to freedom of speech to the citizen of this country and in view of this protection, a citizen is entitled to raise slogan and peaceful demonstration without using the offensive language,” the Court said.The Court added that Article 19(1)(b) of the Constitution confers the right to peaceful assembly and Article 19(1)(d) is for free movement through the territory.Dubey had challenged a Sessions Court decision to uphold a Magistrate's order to frame charges against several persons, including him, in the case related to a demonstration and the blocking of a road by BJP leaders in 2009.According to the prosecution, Dubey and his associates had blocked the road and caused a traffic jam.Dubey’s counsel told the Court that no overt act was attributed to him and he himself had asked the demonstrators to leave the place.On the contrary, the State counsel said that a prima facie case is made out against Dubey and that the Sessions Court had rightly rejected his petition for discharge.The High Court observed that had it been a case of there being any overt act on Dubey's part, certainly the prosecution would have been maintained. It added that peaceful demonstrations are permitted under law.Referring to a charge filed against Dubey under Section 353 (assault or criminal force to deter public servant from discharge of his duty) of Indian Penal Code (IPC), the Court said there was no allegation to support such a charge. The Court also said that other provisions of IPC invoked were not attracted in the case. In conclusion, it found Dubey’s case to be within the guided principles for discharge.“In view of the facts, reasons and analysis, the Court finds that the petitioner is fit to be discharged in the case in hand,” the Court said as it set aside the order of Sessions Court.Advocate Prashant Pallava and Advocate Parth Jalan represented Nishikant Dubey. Public Prosecutor Pankaj Kumar represented the State.
TAGS: Jharkhand High Court Nishikant Dubey Bharatiya Janata Party (BJP) criminal case demonstration Article 19 Constitution of India discharge Sessions Court
