'Sad day for democracy': Bombay HC warns against criminalising constitutional right to protest

NewsIndia News'Sad day for democracy': Bombay HC warns against criminalising constitutional right to protest 'Sad day for democracy': Bombay HC warns against criminalising constitutional right to protest Edited by Vijaya Srivastava / TIMESOFINDIA.COM / Nov 12, 2026, 15:31 IST Bombay HC said criminal prosecutions should not be initiated to stifle agitations that form part of the democratic process, provided protesters do not resort to violence or damage public or private property.

Allowing his petition, the court said Article 19(1)(b) of the Constitution guarantees citizens the right to assemble peacefully and without arms.It observed that while reasonable restrictions could be imposed on the exercise of this fundamental right, vague charges must not be used to dilute or suppress it.Join conversation InsightfulAgreeDisagreeSkepticalConcerningPromisingWorth ReadingBig Development "The lines between the constitutional right to protest and the unleashing of penal prosecutions cannot be allowed to be blurred.

If this mindset gains traction, it would be a sad day for democracy," the HC remarked.The court further said criminal prosecutions should not be initiated to stifle agitations that form part of the democratic process, provided protesters do not resort to violence or damage public or private property.Poll How do you feel about the prosecution of individuals participating in protests?

It's necessary to maintain orderIt harms democratic rightsDepends on the protestNot enough information to decide Describing the prosecution of Nimgade as an abuse of the legal process, the High Court quashed the FIR and chargesheet against him.

Get the latest India News and Live updates. Download the TOI app. Vijaya Srivastava is a journalist and feature writer whose expertise lies in covering human-centred developments. Her stories explore how policy, technology, economic shifts and social change influence people's everyday lives.

Her work also focuses on bringing depth, context and a human perspective to complex issues. Her reports primarily cover society, healthcare, safety, public policy and emerging trends, alongside other political developments.

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