New Citizenship Law: Protesters move Gujarat HC, seek quashing of FIR

The FIR filed at the Chhapi police station booked the 22 accused under Indian Penal Code (IPC) sections pertaining to conspiracy (120 B), attempt to culpable homicide (308), endangering life (336), unlawful assembly (143, 149), rioting (147, 153), assault and obstruction to public servants (152, 353) and criminal intimidation (506(2)).

The accused have also been charged under provisions of the Prevention of Damage to Public Property Act.

The FIR alleges that while the permission to assemble was granted on December 18, because the ground for assembly was given as commemorating the martyrdom of freedom fighters Ashfaqulla Khan and Bismillah (Ram Prasad Bismil), “a conspiracy was hatched” to protest the Citizenship Amendment Act (CAA).

As was reported by this paper, the initial grant of permission had included the commemoration service as well as protest assembly against CAA.

“However, on the morning of 19.12.2019, at around 8:45 am, the petitioners were picked up and detained by the police. The alleged incident of rioting, as per the FIR, occurred only around 10:00 am when the petitioners, having been detained, were not even present at the scene of crime…Subsequently, S. 395 of IPC was also added to the above-mentioned crimes on the ground that the accused had forcibly taken away the keys of a GSRTC bus. The petitioners submit that even if the facts are taken to be true, no offence U/s 395 of the IPC can be said to have been committed,” the petitioners have submitted.

The petitioners further submitted, “The cancellation of the permission granted by the Mamlatdar of Vadgam, was also in breach of Art. 19(1)(a) and Art. 19(1)(b) of the Constitution of India. The citizens of India have a right to hold meetings – peacefully and without arms – and protest against the policies of the Government. Permission cannot be denied merely because people intend to hold a protest meeting.”

The petitioners have also sought that the cancellation of the earlier approved permit to assemble, be quashed and set aside.

In the interim, the four have sought that no further action be taken against the petitioners and to also stay further investigation.

As of December 23, 42 persons were arrested pursuant to the FIR. The matter is expected to be heard further on January 15.