Participation in protest doesn’t mean intention to disobey: HC

New Delhi: The Delhi High Court has ruled that merely taking part in a protest does not establish a “common intention” to disobey police orders or obstruct police personnel.

Justice Sanjeev Narula made the observation while quashing an FIR registered against an SSC aspirant in 2025 for allegedly refusing to leave Ramlila Maidan despite repeated police announcements asking protesters to disperse.

The petitioner had participated in a demonstration at Ramlila Maidan in August last year over alleged irregularities in the conduct of the Staff Selection Commission (SSC) examination.

According to the prosecution, some organisers refused to end the demonstration after the permitted time had expired and urged protesters to remain at the venue until their demands were met. The police subsequently registered an FIR, alleging that some protesters had disobeyed prohibitory orders issued under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by continuing to occupy the ground. Some protesters were also accused of pushing and scuffling with police personnel.

Quashing the FIR against the aspirant, the court noted that neither the FIR nor the subsequent status report identified any specific criminal act committed by him. His presence among the protesters, without evidence that he shared a common intention with others to commit an offence, was not enough to attract Section 223(a) of the Bharatiya Nyaya Sanhita (BNS).

The provision deals with disobedience of an order lawfully issued by a public servant, where the person has knowledge of the order and the disobedience causes, or is likely to cause, obstruction, annoyance or other specified consequences.

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The Hans India