Delhi High Court quashes FIR against SSC aspirant over protest participation

High Court clarifies rules on protest participation

The Delhi High Court has quashed a criminal case against a Staff Selection Commission (SSC) examination candidate who joined a demonstration at Ramlila Maidan, ruling that individual presence at a peaceful public gathering does not automatically constitute criminal intent.

Justice Sanjeev Narula held that participating in a protest without evidence of active involvement in breaking orders cannot justify criminal prosecution. The ruling provided clear legal guidelines while affirming the framework governing public assemblies across the capital.

The case originated from an August 2025 demonstration organised over competitive examination procedures. Authorities had issued orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) to regulate the assembly after permitted hours expired. Police subsequently registered cases under Section 223(a) of the Bharatiya Nyaya Sanhita (BNS), which addresses disobedience to lawful orders issued by public officials.

In his 13 October order, Justice Narula noted that official records contained no specific allegations connecting the candidate to any acts of obstruction or physical resistance. The court held that continuing proceedings against individuals without direct evidence of wrongdoing serves no legal purpose, reinforcing standard protections for law-abiding citizens in public spaces.

Court hears challenge to police peace bond notice

In a separate proceeding, the Delhi High Court heard a petition filed by All India Students' Association (AISA) President Neha Bora challenging a preventive notice issued by Delhi Police to maintain public order.

The notice, issued on 17 October under Section 126 of the BNSS, directed Bora to appear before a Special Executive Magistrate and execute a personal bond of Rs 10,000 with one surety to ensure peace during an ongoing inquiry. Authorities had taken preventive action on 16 October ahead of a scheduled public rally before releasing her on 17 October.

Senior advocate Gopal Sankaranarayanan, representing Bora, argued before Justice Subramonium Prasad that the notice referred to hoisting the national flag during public events. He contended that citizens do not require special permission to display the tricolour.

Additional Solicitor General Chetan Sharma, appearing for Delhi Police, raised preliminary objections regarding the maintainability of the petition. The police maintain that preventive measures under Section 126 are standard administrative mechanisms deployed to uphold public tranquillity and prevent disruptions during large gatherings.

The court continues to review administrative procedures to ensure a balance between civic order and statutory compliance across Delhi.