Gujarat HC Refuses To Quash FIR Lodged Against Anti-CAA Protesters [Read Order]

The Gujarat High Court refused to quash FIR lodged against some persons for protesting against Citizenship Amendment Act, 2019. 

According to the Amarnath Jinkuram Vasava and others, permission was initially granted to conduct a protest meeting against CAA during commemoration meeting in connection with death anniversary of freedom fighters, Ashafaqullah Khan and Ram Prasad Bismil, on 19 December 2019. Later, on 18th December, the permission was cancelled. The petitioners alleged that they were staying at Taj Hotel in Chhapi Town, when they were detained early in the morning at around 8.45 am and other petitioners were picked up from their respective homes and detained. 

On the other hand, the prosecution submitted that due to insistence of mob gathered at the meeting place, the petitioners were released and brought at the scene of offence, since the mob already started damaging and throwing stones on passenger bus. Justice SH Vora said:

"It is a matter of fact that it is specific case of the State that the petitioners were brought at the scene of offence at the instance of the mob on account of earlier permission which was granted and later on cancelled. So at this stage, the Court is not inclined to scrutinize minute details of occurrence right from detention to release of the petitioners and subsequent events which took place on 19.12.2019. Thus, investigation of serious offence is underway.. At this stage, the petitioners have not made out a case under section 482 of the Code of Criminal Procedure to quash the FIR, since the petitioners are prima facie found to be involved in the offence and they were very much present at the time of occurrence of scene of offence alleged in the FIR."

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