CJP Deems FIR Against Protesters Unjust, Advocates for Defamation Cases

CJP Criticizes FIR Against Woman for Remarks Against PM Modi

The Cockroach Janata Party (CJP) spokesperson, Sourav Das, has strongly reacted to the 'zero FIR' registered against 25-year-old Ruchika Singh from Noida. Singh is accused of using objectionable and abusive language against Prime Minister Narendra Modi.

Das deemed the use of the criminal justice system against protesters as inappropriate. He argued that in such cases, a defamation lawsuit should be filed instead of criminal action. The case is linked to a protest held on July 23rd at Jantar Mantar in Delhi.

FIR Registered and Transferred to Delhi Police

According to a viral video, a woman allegedly used abusive language against the Prime Minister and constitutional posts during the protest. Following this, Supreme Court lawyer Smriti Singh lodged a complaint at the Expressway police station in Noida. As the incident occurred in Delhi, Noida Police, following legal procedures, registered a zero FIR and transferred the case for investigation to the Parliament Street police station in Delhi.

CJP spokesperson Sourav Das questioned this action, stating that such proceedings against freedom of expression create a 'chilling effect'. He emphasized that a young individual should not be dragged into criminal cases solely based on the use of objectionable or inappropriate language.

“The use of the criminal mechanism against protesters is highly condemnable. A young person should not be dragged into criminal cases solely on the basis of using objectionable or inappropriate language. If someone objects to the language, they are free to pursue legal recourse for defamation.”

Advocating for Defamation Over Criminal Action

Das asserted that if anyone has an objection to someone's language, that individual is free to pursue the legal process of defamation. He further stated that the misuse of the criminal mechanism in such matters is highly reprehensible.

Das conveyed his concerns about the misuse of the criminal mechanism through the social media platform X (formerly Twitter) and the media. He also appealed to the youth of the country to be careful and responsible in their language and choice of words during protests.

Police Advised Against Harsh Action Under Political Pressure

The CJP spokesperson also advised the police administration to refrain from taking strict criminal action against young individuals under political pressure. CJP has demanded that the criminal cases registered against the students and youth involved in the protest be withdrawn.

FIR Details Under Indian Justice Code

The FIR was registered under relevant sections of the Indian Justice Code (BNS), including Section 352 (Assault or criminal force otherwise than on grave provocation), Section 353(1) (Statement likely to cause public mischief), and Section 356(1) (Defamation). Complainant lawyer Smriti Singh alleged that the accused woman in the video used abusive language against the country's Prime Minister and constitutional posts, hurting her sentiments.

A zero FIR provision applies when a crime occurs in one jurisdiction, but an FIR is filed in another. The FIR is then sent to the police station where the crime actually took place. In this instance, Noida Police registered a zero FIR and transferred it to Delhi Police, who are now conducting further legal investigation based on the transferred FIR.

Debate on Freedom of Expression and Criminal Law

CJP's stance has ignited a significant debate regarding freedom of expression during protests and the scope of criminal law. It remains to be seen what approach the police and courts will take in this case, particularly concerning CJP's argument that such matters should be handled under civil defamation rather than criminal proceedings.