<p>The <a href="https://www.mid-day.com/mumbai/mumbai-news/article/diwali-firecracker-timings-bombay-high-court-asks-maharashtra-government-to-consider-sc-directions-23658474" target="_blank" rel="none noopener">Bombay High Court</a> has quashed an FIR and charge sheet against a man booked for participating in an agitation over poor road conditions, observing that using criminal prosecution to stifle peaceful protests would be a &ldquo;sad day for democracy&rdquo;.</p>
<p>Justice M W Chandwani of the HC's Nagpur bench, in an order passed on October 29, said the distinction between the constitutional <a href="https://www.mid-day.com/mumbai/mumbai-news/article/gokul-row-satej-patil-says-govt-insulted-kolhapur-announces-protest-march-on-november-9-23658628" target="_blank" rel="none noopener">right to protest</a> and the use of criminal prosecution must not be blurred.</p>
<p>The court said criminal cases should not be used to suppress agitations that form part of the democratic process, provided protesters do not take the law into their own hands, resort to violence or damage public or private property.</p>
<h2>Protest over accident</h2>
<p>The case concerns Nishkarsh Nimgade, a resident of Maharashtra&rsquo;s Chandrapur district, who participated in an agitation in January this year over the poor condition of a road in Nandgaon village. The protest followed an accident involving a vehicle on the stretch. Residents demanded action against the road contractor and officials of the Public Works Department.</p>
<h2>Right to protest cannot be diluted</h2>
<p>The HC, however, said Article 19(1)(b) of the Constitution guarantees the right to assemble peacefully and without arms. While reasonable restrictions can be imposed on this fundamental right, it cannot be diluted or stifled through vague allegations, the court said. &ldquo;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,&rdquo; the court observed.</p>
<p><span style="font-size: x-small;"><em>This story has been sourced from a third party syndicated feed, agencies. Mid-day accepts no responsibility or liability for its dependability, trustworthiness, reliability and data of the text. Mid-day management/mid-day.com reserves the sole right to alter, delete or remove (without notice) the content in its absolute discretion for any reason whatsoever</em></span></p>

The Bombay High Court quashed an FIR and charge sheet against a Chandrapur man, ruling that criminal prosecution cannot be used to suppress peaceful protests

Right to peaceful protest cannot be diluted through criminal cases, observes Bombay High Court

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Says Bombay HC, scraps FIR and charge sheet against Chandrapur man booked for joining an agitation over poor roads

Bombay High Court quashes FIR against man for protesting poor road conditions

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