New Delhi, Jul 31 (PTI) The Supreme Court on Thursday quashed an FIR lodged against some people in connection with a “dharna” in Andhra Pradesh in March 2019, saying they were exercising their right to freedom of speech and expression and to assemble peacefully.
A bench of Justices B V Nagarathna and K V Viswanathan noted that the FIR was lodged for conducting a “dharna” when the Model Code of Conduct (MCC) was in force for the Lok Sabha and Assembly polls in the southern state.
The bench delivered its verdict on the appeals filed by two persons — Manchu Mohan Babu and Manchu Vishnu Vardhan Babu — challenging an order of the Andhra Pradesh High Court that refused to quash the proceedings against them.
The bench said the FIR and chargesheet filed in the case do not disclose any material to suggest that there was any undue influence on the elections or any act committed with the intention to interfere with the free exercise of electoral rights.
“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,” it said.
The bench said the appellants were “exercising their right to freedom of speech and expression and to assemble peacefully”.
It said no purpose will be served by continuing with the prosecution.
The bench said the FIR and the chargesheet do not disclose any act committed or illegal commission that caused a common injury, danger, annoyance to the public or any section of the public or an interference with their public rights.
It noted that Manchu Mohan Babu is the chairman of Sri Vidyaniketan Educational Institutions and Manchu Vishnu Vardhan Babu is his son.
The bench further noted that the general election and Assembly polls in Andhra Pradesh were slated on April 11, 2019 and the MCC came into force on March 10, imposing restrictions on public meetings, “dharnas”, rallies and road-shows without prior permission from the competent authority until the conclusion of the electoral process.
It said according to the state’s case, on March 22, 2019, the appellants and some staff and students congregated to take out a rally along the Tirupati-Madanapalli road and raised slogans against the then Andhra Pradesh government for not granting fee reimbursements to students.
It was alleged that these acts obstructed the free flow of traffic, caused inconvenience and posed a risk to the passengers.
The bench noted that an FIR was lodged and a chargesheet filed in the matter.
The appellants moved the high court seeking that the criminal proceedings be quashed but their plea was dismissed in January.
The appellants then moved the apex court challenging the high court’s order.
While allowing the appeal and setting aside the high court order, the bench said none of the offences alleged against the appellants was made out. PTI ABA RC
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