Observing that every citizen has a fundamental right to make peaceful protest but has a duty to see that such demonstration does not interfere with others' rights, the Delhi High Court today rejected a plea to quash the FIR relating to a constable's death during December anti- rape agitation here.
The court also dismissed another plea for transfer of the probe into the death of Constable Subhash Tomar from the Crime Branch of the Delhi police to CBI in the case lodged for various offences, including rioting and destruction of public property.
Turning down the plea of seven out of eight protestors, who were booked under various sections of Indian Penal Code and Prevention of Damage to Public Property Act, Justice G P Mittal said, "The FIR, at this stage, cannot be quashed and no further directions are needed in the writ petition...The same is accordingly dismissed."
"Every citizen of this country has got a fundamental right to make peaceful demonstration. But has a duty to see that such peaceful demonstration does not interfere with the rights of the other citizens of the city who too have the right to move freely.
"The citizens have a right to form groups, to organise and to assemble together with the aim of addressing issues of common concern. The citizens of the country are expected to ensure that their peaceful demonstration is not hijacked by the anti-social elements. Mass protest is a potent symbol of the exercise of this right, but the protection of this right extends only in respect of a 'peaceful' assembly. This right does not cover a demonstration where the organisers have violent intentions which result in public disorder," the court said in its order.
Justice Mittal took on record the submission of the Additional Solicitor General (ASG) that the eight accused will not be charged under section 302 of IPC for murder of the constable as there is no evidence against them but they will face the charge of destruction of public property.
