Protest march attendance alone does not make unlawful assembly: HP High Court

The Himachal Pradesh High Court has ruled that merely taking part in a protest march does not automatically make a person a member of an unlawful assembly under Section 149 of the IPC. Justice Sandeep Sharma held that if participants separate themselves from a violent mob and try to protect victims, they cannot be treated as part of the unlawful assembly.

The case stems from a July 29, 2017 protest at Government Senior Secondary School, Khushinagar, over alleged sexual harassment of a student. Some protesters turned violent and assaulted teachers, leading to an FIR against several people including petitioners Dildar Ali Batt and Parvej Ali Batt. The petitioners sought quashing of the FIR, arguing they had taken part in the march but neither assaulted teachers nor shared the mob's common object.

The Court found that the petitioners had separated from the violent group and attempted to save the teachers. It noted that the complainants specifically named the actual assailants, and the petitioners were not among them. The Court quashed the FIR and all related proceedings, observing that chances of conviction were very bleak.