‘Protest not offence because it displeases authorities’: Calcutta High Court quashes FIR

The Calcutta High Court has dismissed criminal charges against six School Service Commission candidates who were arrested for protesting alleged recruitment irregularities in 2021. Justice Anuj Singh explained that "a demonstration does not become an offence merely because it was unwelcome to those in authority." The court determined that there was insufficient evidence to prosecute the individuals for violating COVID-19 protocols and obstructing public navigation.

The petitioners were exercising their constitutional right to assemble peacefully and voice their grievances, as guaranteed under Articles 19(1)(a) and 19(1)(b) of the Indian Constitution. The court further noted that the police did not have the authority to take action against the protesters, as no specific notice was issued in 2021 authorizing such action against peaceful assembly and protest.

The court concluded that even if the allegations were true, they did not constitute an unlawful assembly, as the common object of the protest was not explicitly stated, and mere protest and raising of slogans cannot be considered an unlawful common object under section 141 of the Indian Penal Code.