In a significant development, the Allahabad High Court recently stayed the entire criminal proceedings against Misbah Qaiser, a 25-year-old student from Aligarh Muslim University (AMU). Qaiser was facing charges for allegedly participating in the anti-CAA (Citizenship Amendment Act) protests in 2020. The charges stemmed from an FIR (First Information Report) which claimed that Qaiser had raised slogans during the protests and disobeyed a public servant’s order.
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Qaiser, a B.Arch. student, was booked under Section 188 (Disobedience to order duly promulgated by public servant) and Section 341 (Punishment for wrongful restraint) of the Indian Penal Code (IPC). The charges indicated that Qaiser had blocked the road, causing a disturbance that prevented the common public from passing through, as well as obstructing ambulances.
Qaiser's legal team, consisting of Advocates Ali Bin Saif, Kaif Hassan, and Zeeshan Khan, argued before the bench of Justice Sanjay Kumar Pachori that the FIR against Qaiser was based on false and frivolous allegations, made with an ulterior motive to harass the student. They further contended that the FIR lacked the necessary legal foundation and was aimed at harassing Qaiser for participating in the protests.
The petitioners also raised issues regarding the cognizance order issued in the case. They claimed that the order was flawed, as it allowed the criminal proceedings under Section 188 IPC to proceed based on a written complaint from a police official, rather than a public servant who had direct authority in the matter.
The petitioners argued that, under Section 195 of the Criminal Procedure Code (CrPC), cognizance of offenses punishable under Sections 172 to 188 of the IPC can only be taken if a written complaint is filed by the concerned public servant or someone administratively subordinate to them. However, they pointed out that in this case, the necessary legal procedure was not followed, and the complaint came from a police officer, not an official with the required administrative authority.
After considering the arguments, the Allahabad High Court observed that the case prima facie required further examination. The Court directed the Additional Government Advocate (AGA) and the respondent No. 2 to file their counter affidavits within the next three weeks. The case is set to be heard again after eight weeks.
"The matter prima facie requires consideration, and the Court has asked for counter affidavits to be filed by the relevant authorities," said Justice Sanjay Kumar Pachori.
