States » WestPosted at: Nov 13 2026 3:31PM


HC calls criminal charges against peaceful protesters a ‘Sad Day for Democracy’

Nagpur, Nov 13 (UNI): The Nagpur Bench of the Bombay High Court has quashed a First Information Report (FIR), charge-sheet and pending criminal proceedings against a 26-year-old man booked for participating in a protest over poor road conditions in Chandrapur district, observing that using criminal prosecution to suppress peaceful agitations would be a “sad day for democracy”.
Justice M W Chandwani, in an order passed on October 29, held that the constitutional right to peaceful protest cannot be curtailed through vague criminal charges.
The case pertains to an agitation held by residents of Nandgaon village in January this year following an accident involving a pickup vehicle that overturned after hitting an electricity pole near the village on January 21. The accident left at least one person critically injured.
Angry over the poor condition of the road, locals gathered at the spot and demanded action against Public Works Department (PWD) officials and the contractor responsible for the bad road.
Police alleged that the protesters had obstructed traffic and formed an unlawful assembly. Subsequently, Mul police registered an FIR against Nishkarsh Nimgade, a resident of Chandrapur district, on charges including wrongful restraint and unlawful assembly. Challenging this, Nimgade approached the High Court seeking quashing of the FIR and charge-sheet.
The court observed that Article 19(1)(b) of the Constitution guarantees citizens the right to assemble peacefully without arms. While reasonable restrictions can be imposed on this fundamental right, it cannot be diluted or suppressed based on vague allegations.
The court further noted that the charge-sheet did not specify who had obstructed traffic, nor were statements of any commuters recorded to establish the alleged obstruction. It also observed that Nimgade's name did not figure in the portion of the FIR relating to the alleged road blockade.
Merely being found among people protesting against poor road conditions could not constitute an offence, the court said and noted that no prohibitory order was on record to invoke Section 135 of the Maharashtra Police Act.
“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,” the court observed.
Holding that the prosecution amounted to an abuse of the process of law, the High Court quashed the FIR, charge-sheet and pending criminal case against Nimgade.
UNI PK MCR
Tags: #HC calls criminal charges against peaceful protesters a ‘Sad Day for Democracy’
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