The Supreme Court on Monday raised concerns over the frequent use of Section 144 of the Code of Criminal Procedure (CrPC) by authorities to suppress protests across the country.

A bench of Justices Abhay S. Oka and Ujjal Bhuyan emphasized the growing trend of issuing Section 144 orders to restrict public demonstrations.

Justice Oka noted, "There seems to be a tendency to invoke Section 144 simply because a protest is happening. This sends the wrong message. What justifies the imposition of Section 144 if someone wishes to hold a peaceful demonstration? This misuse of Section 144 is troubling."

The remarks came during a hearing of a petition filed by the State of Jharkhand challenging the Jharkhand High Court's decision to quash a rioting case against Bharatiya Janata Party (BJP) leaders, including Member of Parliament Nishikant Dubey.

In 2023, the police had filed a case claiming that the BJP organized a protest against the Jharkhand government near the Project Bhawan, despite the enforcement of Section 144. The police alleged that protestors attempted to breach barricades and threw bottles and stones.

The Jharkhand High Court, in August 2024, dismissed the FIR against the BJP leaders, stating that the top opposition leaders could not be held liable for the actions of the protestors.

The High Court had also underscored that the right to hold peaceful protests is a fundamental right guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India.

During the hearing in the Supreme Court, the senior counsel for the State argued that several individuals, including journalists, police officers, and the Sub-Divisional Officer, were injured in the protest organized by the BJP. However, the Bench remained unconvinced and rejected the Jharkhand government's appeal.