HIMACHAL PRADESH HIGH COURT QUASHED AN FIR LODGED AGAINST A LAWYER FOR PEACEFUL PROTEST

25th Feb 2021

The Himachal Pradesh High Court recently quashed an FIR filed against a lawyer, Anu Tuli, for her participation in a protest. The protest was against the restriction on a shorter entry route to the District Court Complex, Shimla.

In the FIR, the police had alleged that many lawyers who were protesting, including the petitioner, were indulged in assault and abusing police personnel. The police's allegations on lawyers peacefully protesting at the High Court premises were wrongful restraint, criminal intimidation, unlawful assembly, and an intentional insult to breach the peace. Anu had filed a petition in the High Court to quash the FIR, and the order was passed in her favour.

The court held: "Holding peaceful processions, raising slogans, would not be and cannot be an offence under India's Constitution." Justice Anoop Chitkara, who passed this order, further added:“Mere presence at the spot in the demonstration would not invite criminal act in the facts and   nature of allegations made in the present FIR.”

Author: Papiha Ghoshal