During the hearing, the Jharkhand government said despite prohibitory orders under section 144 of the CrPC in place, the accused persons allegedly held a protest that turned violent and several people, including administrative officials, were injured.”The High Court erred in its finding and said they have the right to protest. Thereby the apex court should pass appropriate directions and orders against the accused,” the Jharkhand government said.The apex court did not find any merit in the arguments of the Jharkhand and it questioned the tendency of authorities to issue orders imposing restrictions under Section 144 CrPC (Code of Criminal Procedure) to curb public demonstrations. “There is a tendency that because there is a protest, therefore 144 (CrPC) order is issued. This will send the wrong signal. What is the necessity of issuing 144 if somebody wants to hold a demonstration? All this happens because 144 is being misused,” the top court said.In 2023, the police had registered a case against the BJP leaders, alleging that the accused persons had illegally organised a protest against the Jharkhand government near Project Bhawan despite passing enforcement of restrictions under Section 144 CrPC.The High Court, while quashing the charges, in its order, held that there were no specific allegations against the BJP leaders related to breaking barricades or throwing stones and water bottles.
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