hidden image

Supreme Court Rules Against Criminalising Protest

Joseph Maliakan Joseph Maliakan
04 Aug 2025

In a great relief to political, social and human rights activists in the country who have been alarmed at the shrinking democratic space for protests, especially in the National Capital Delhi, the Supreme Court on July 31, 2025 quashed a First Information Report (FIR) registered against Telugu actor and film producer Manchu Mohan Babu and his son Manchu Vishnu Vardhan Babu. The FIR was filed against them in connection with a protest rally held in 2019 over non-payment of student fee reimbursements in Andhra Pradesh.

The Supreme Court bench comprising Justices BV Nagarathna and KV Viswanathan quashed the FIR, setting aside the Andhra Pradesh High Court's refusal to quash the criminal proceedings against Babu and his son.

"The appellants were exercising their right to freedom of speech and expression and to assemble peacefully. Therefore, no purpose will be served by continuing the prosecution," the court order said.

Only on July 1, 2025, several political parties and progressive and democratic organisations got together. They held a joint dharna organised by the Delhi Committee of CPI(ML) at Jantar Mantar against shrinking space for protest in the capital. The gathering was addressed, among others, by CPI(ML) Delhi spokesperson Comrade Mrigank, Nadita Narain of Democratic Teachers Front (DTF) and ND Pancholi, veteran leader of People's Union for Civil Liberties (PUCL).

There was a time when all protest programmes, dharnas, rallies, and public meetings in Delhi were organised at the sprawling Boat Club lawns, where there was ample breathing space for the aggrieved protesters as well as for the police force and the reporters, including the present writer covering events. One of the famous sit-ins at the India Gate lawns this reporter covered was the farmers' agitation led by farmer leader Mahendra Singh Tikait. While covering the event, I developed a special bond with the farmers' leader, which proved invaluable while covering the recent farmers' agitation against the infamous "reform" acts.

The protest site was shifted from Boat Club to the Jantar Mantar in the late 1980s, possibly in 1988 or 1989. Around that time, there was a massive dharna by the Anganwadi workers demanding survival wages, which this reporter covered for the Indian Express.

Even though Jantar Mantar is the officially designated protest site, nobody is free to protest at the site at will. The Delhi Police, which is responsible for law and order in the capital, insists that a minimum 10-day notice is required to hold any dharna, rally, or meeting at the Jantar Mantar. And throughout the New Delhi district, in which most of the Union government offices and the state government guest houses and offices are located, prohibitory orders are in force permanently, and permission for protest events is given reluctantly after an inordinate delay.

Gradually, peaceful gatherings in industrial areas and other workplaces in Delhi are also being brought under highly restrictive regimes, and permission for protest programmes is outrightly denied. Jantar Mantar itself has been converted into a barricaded, highly monitored zone.

Petitions and memorandums addressed to people in power can no longer be submitted directly by the protesters to the concerned authorities, the Prime Minister, Home Minister, Chief Minister, Commissioner of Police or Municipal Commissioner. The petitions have to be submitted to the security officer on the spot, who will forward them to the concerned authority. The meeting demanded that Section 144 be lifted from the New Delhi District, and people should be free to hold protest programmes with a simple notice to the police without waiting for permissions.

The case against Mohan Babu and his sons arose from a protest held on March 22, 2019, led by Mohan Babu, demanding the release of pending student fee reimbursement funds. The protesters raised slogans against the then government for not granting students' fee reimbursement to Sri Vidyaniketan Educational Institutions, of which Mohan Babu is the Chairman.

The complaint was registered by the then Model Code of Conduct Officer (elections were due to be held at that time), alleging that the protest involved a rally and dharna, which obstructed traffic for four hours. Based on the complaint, the police registered an FIR under Sections 290, 341, 171-F read with 34 of the IPC and Section 34 of the Police Act, 1861.

The judgment authored by Justice Nagarathna observed that none of the offences charged against the appellants are made out. "Therefore, even if the case of the respondent-State is accepted at its face value, it cannot be concluded that the appellants, while conducting the rally and dharna, engaged in any form of obstruction of the road in a manner that led to the offences alleged," Justice Nagarathna concluded.

Recent Posts

History's gravest political failures began not with rebellion but with rulers convinced they could never be wrong. The higher the pedestal of power, the greater the need for humility, accountability a
apicture A. J. Philip
27 Jul 2026
The Sansad March was never just about exam reforms. It became a battle over who truly holds power in India—the people or the state—and whether peaceful dissent will be answered with accountability or
apicture Jacob Peenikaparambil
27 Jul 2026
The throwaway culture has not stopped at plastic and gadgets—it has reached people. As families shrink and loneliness grows, Pope Leo XIV calls Christians to restore the forgotten dignity of grandpare
apicture Cedric Prakash
27 Jul 2026
The students' uprising has exposed the Modi government's greatest political vulnerability. If the Opposition cannot transform this unprecedented youth discontent into a sustained national movement, it
apicture G Ramachandram
27 Jul 2026
History remembers unlikely symbols. In India, the cockroach has become an emblem of endurance. It has become a reminder to the powerful that resilience cannot be ridiculed into silence.
apicture Dr Martin Valiyaparambil VC
27 Jul 2026
From ages of dust and burdens untold, It rose where countless sorrows unfold, Born to cleanse what centuries stained, A land where fear and silence reigned.
apicture Dr Suryaraju Mattimalla
27 Jul 2026
Currently, a sit-in is going on in front of Jauhar University in Rampur. Azam Khan, a member of the Samajwadi Party who is in jail at present, is the chairman of the trust running the University. Stud
apicture Ram Puniyani
27 Jul 2026
Imagine if nations practised that. Imagine if politicians believed it before delivering speeches. Imagine if we looked at the person praying differently from us and quietly said, "Your life is as prec
apicture Robert Clements
27 Jul 2026
From collapsing public institutions and shrinking academic freedom to corruption, communal polarisation, and attacks on constitutional rights, the nation's deepest crisis is not administrative failure
apicture Cedric Prakash
20 Jul 2026
Governed by a mix of national coalitions and state-level regional forces, its massive electorate engages in vibrant, highly contested elections to balance local aspirations with national governance.
apicture Pachu Menon
20 Jul 2026