Allahabad HC Protects Two Anti-CAA Protesters From Arrest Till Filing Of Police Report

WHAT ARE ANTI CAA-NRC PROTESTS?

• The Government of India enacted the Citizenship Amendment Act on December 12th, 2020.
• People fear that on being excluded from the final Citizenship Register, non-Muslims may take the CAA route for citizenship, but Muslims would be left with no resort. In practice, the course has been difficult for non-Muslims as well.
• The move sparked widespread national and overseas protests against the Act and associated proposals of National Register of Citizens (NRC).
• The scenario got aggravated with police brutalities in University Campuses and violent crackdown against protesters.
• As of December 17th, 2019, over 3000 protesters have been arrested and the number has been continually rising.

WRIT PETITION IN ALLAHABAD HC

• F.I.R. dated 06/03/2020 was filed against the accused u/s. 124-A (Sedition) and 153-B (Imputations, assertions prejudicial to national integration) of IPC for allegedly participating in the anti-CAA-NRC-NPR protests.
• Two writ petitions were filed by the accused in Allahabad High Court for quashing of the said F.I.R.
• The two judge bench of Allahabad High Court constituted by J. Bachchoo Lal and Subhash Chandra Sharma were hearing the said petitions.

ARGUMENTS FROM BOTH SIDES

• The petitioners argued that the accused are not named in the impugned F.I.R. and have been falsely implicated.
• The name of Shubaibur (Petitioner no. 2) came out in informant's 2nd statement. Post that, the arrested co-accused Fazal Khan revealed the names of the petitioners.
• The accused have neither committed the alleged offence nor were a part of the alleged incident.
• There's no cogent evidence on record to link the accused with the said offences. Therefore, the F.I.R. is liable to be quashed.
• The opposing counsel, per contra, argued that a cognizable offence is made out, prima facie, against the petitioners from the allegations made in the F.I.R.

DIRECTIONS ISSUED BY ALLAHABAD HC

• The Court refused the prayer to quash the impugned F.I.R.
• The bench additionally directed that the petitioners shall not be arrested prior to the submission of police report under section 173(2) of Cr.P.C.
• However, the Court imposed a condition on the petitioners to participate and co-operate with the investigation.

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