Jodhpur- In a significant verdict, the Rajasthan High Court has quashed FIR No. 127/2022 registered against farmers at Sanderao Police Station in Pali district. Justice Farjand Ali, while delivering the judgment, emphasized that "peaceful protest is a constitutional right in a democracy." The court ruled that the farmers' demonstration against the alleged unfair distribution of water from Jawai Dam was a legitimate exercise of democratic dissent and did not warrant criminal charges.
The case stemmed from protests in October 2022, where farmers gathered on NH-62 to oppose the administration’s decision to hold a crucial meeting on water allocation in Jodhpur instead of the traditional venue at Sumerpur’s Dam Inspection Bhavan. The farmers argued that the shift in location deprived them of a fair opportunity to voice their concerns. Police had booked 53 individuals under IPC Sections 143 (unlawful assembly), 117 (abetment), 283 (public nuisance), and 353 (assault on public servants), along with Section 8B of the National Highways Act, alleging road blockage and sloganeering.
However, the court observed that "the protest was neither violent nor destructive." It noted that while the gathering may have caused temporary inconvenience, there was no evidence of damage to public property or assault on officials. "When administrative decisions adversely affect livelihoods, people have the right to dissent democratically," Justice Ali remarked, adding that "labeling such protests as criminal acts reflects a colonial mindset, not the spirit of a free democracy."
The judgment also reinstated the gun license of petitioner Ajaypal Singh, stating that its suspension based solely on the FIR was unjustified. The court directed police to file a closure report and extended the relief to all accused, including those unable to approach the court. The ruling reinforces the principle that "justice must protect not just the privileged but also those who lack resources to fight legal battles."
This decision has been hailed as a victory for civil liberties, sending a clear message to authorities against stifling legitimate protests. It underscores that "in a democracy of the people, by the people, and for the people, dissent is not a crime but a safeguard of rights."
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