SC narrows caveat, says states can withdraw FIRs on protesters; CJP reacts

Supreme Court clarifies states can withdraw protest-related FIRs; CJP urges immediate action

The Supreme Court on Monday clarified that state governments are legally empowered to withdraw FIRs and criminal cases against protesters, provided they follow the procedure laid down under the law. The clarification came while the court revisited an earlier observation that had triggered differing interpretations over the power of state governments in protest-related cases.

Following the clarification, the Cockroach Janta Party (CJP) called on BJP-ruled states to withdraw pending FIRs against protesters, arguing that the apex court had removed any ambiguity surrounding the issue.

"The Supreme Court has made its position clear. States should now withdraw cases filed against peaceful protesters without delay," a CJP leader said.

Court narrows earlier caveat

The Supreme Court clarified that its earlier observations should not be interpreted as preventing state governments from exercising their statutory powers to withdraw criminal proceedings. The bench stressed that any such decision must be taken in accordance with the relevant provisions of criminal law and remain subject to judicial scrutiny where required.

The clarification effectively narrowed the scope of the earlier caveat, reaffirming that the legal mechanism for withdrawing prosecutions continues to be available to state governments.

CJP welcomes the clarification

Reacting to the development, CJP described the court's clarification as a victory for democratic rights and peaceful protest.

The party alleged that several criminal cases had been filed against protesters for participating in demonstrations and demanded that governments review such FIRs on priority.

CJP also urged authorities to distinguish between peaceful protesters and individuals accused of violent or unlawful acts, saying genuine democratic dissent should not face criminal prosecution.

Political reactions

The BJP has maintained that decisions relating to FIRs and prosecutions are taken strictly in accordance with legal provisions and the facts of each case. Party leaders have argued that while peaceful protest is a constitutional right, unlawful acts committed during demonstrations must be dealt with under the law.

The latest clarification is expected to influence ongoing debates over protest-related cases across several states, with legal experts noting that any withdrawal of FIRs would still require adherence to statutory procedures and approval from the competent court where applicable.