'People have the right to protest': Allahabad High Court scraps jail term given to ex-Unnao MP, associates in protest case
A case was registered in 2017 against four including Ex-MP Annu Tondon for obstructing a train during a demonstration in Unnao district of Uttar Pradesh.
The Allahabad High Court on Thursday modified the sentence awarded to Ex-Member of Parliament Annu Tandon and others in a 2017 case where one train was held up for 15 minutes during a Rail Roko protest at Unnao Railway station in Uttar Pradesh.
The bench of Justice Dinesh Kumar Singh said that in democracy under our Constitution, people have right to protest against Government policies/action/inaction, provided the protest does not lead to commission of an offence by the protesters.
Noting that in this case, except for detaining the train for 15 minutes, there was no damage to private and public property by the protesters and by large it was a peaceful and symbolic protest, Court opined that awarding the sentence of two years imprisonment in the facts and circumstances of the case was excessive.
Accordingly, Court modified the sentence from two years of imprisonment to a fine only. Moreover, since the politicians had already deposited the fine of Rs.25,000, therefore, no further fine was required to be deposited by them.
A protest was led by the then congress leaders Annu Tandon, Surya Narayan Yadav, Amit Shukla, and Ankit Parihar in 2017 at Unnao Railway Station. A crowd of 150-200 people was gathered and during the demonstration, people climbed on the engine of a train and raised slogans.
Proceedings against the four were initiated in June 2017 when the Railway Protection personnel lodged a report alleging that their act was an offence covered under Section 174 (a) of the Railways Act, 1989.
A case was registered and Tondon along with Parihar and others was convicted on March 18, 2021 for the offence of obstructing running of train, and punishment of two years of simple imprisonment was imposed on all four.
However, in February this year, court suspended the conviction and sentence of Ankti Parihar, who is now a member of the Samajwadi Party.
Case Title: Annu Tondon and 3 Ors. v. State Through Railway Protection Force