SC narrows caveat, says states can withdraw FIRs on protesters; CJP reacts
The Supreme Court clarified that state governments are free to withdraw FIRs registered against protesters in accordance with the law, narrowing the scope of an earlier caveat. The Cockroach Janta Party (CJP) welcomed the clarification, urging BJP-ruled states to immediately drop criminal cases against peaceful demonstrators.
Written by
Jyoti Mukherjee

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.
Keep reading
More in Politics
.jpg&w=3840&q=75)
Politics
AI Safety Must Keep Pace With Adoption in Financial Sector, Says CEA Anantha Nageswaran
Chief Economic Adviser (CEA) V. Anantha Nageswaran has stressed that artificial intelligence (AI) safety measures must evolve alongside the…
.jpg&w=3840&q=75)
Politics
'Stop Buying Petrol, Diesel Vehicles Until Govt Clarifies Stand on E20 Fuel': Arvind Kejriwal
AAP national convenor Arvind Kejriwal has urged people to refrain from buying petrol and diesel vehicles until the Centre clarifies its poli…
.jpg&w=3840&q=75)
Politics
ADR Report: 84% of Karnataka Ministers Face Criminal Cases; CM D.K. Shivakumar Richest in Cabinet
An analysis by the Association for Democratic Reforms (ADR) has found that 84% of ministers in the Karnataka Cabinet have declared criminal…
.jpg&w=3840&q=75)
Politics
MEA Says Government ‘Doesn’t Endorse Anything’ Said by Ousted Bangladesh PM Sheikh Hasina During Media Interaction
The Ministry of External Affairs (MEA) has clarified that the Government of India does not endorse any statements made by ousted Bangladesh…
.jpg&w=3840&q=75)
Politics
Horatti Resigns as Karnataka Legislative Council Chairman, Clears Way for Saleem Ahmed
Karnataka Legislative Council Chairman Basavaraj Horatti has resigned from his post, paving the way for senior Congress leader Saleem Ahmed…
Politics
NSG Director General Bhrigu Srinivasan calls on West Bengal Chief Minister Suvendu Adhikari, discusses matters of mutual interest
National Security Guard (NSG) Director General Bhrigu Srinivasan, accompanied by senior officers Major General Vikas Chaudhary and Colonel P…
