Jantar Mantar Protests: Understanding the Legal Process to Withdraw Filed FIRs

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Jantar Mantar Protests: Understanding the Legal Process to Withdraw Filed FIRs
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The Central Government has adopted a positive stance regarding the withdrawal of cases filed against individuals who participated in peaceful protests at Delhi's Jantar Mantar and those who joined the march to Parliament on July 20. This development follows the conclusion of a hunger strike by Sonam Wangchuk, which began on June 28. The fast was ended at Medanta Hospital in the presence of Union Ministers JP Nadda and Jitendra Singh. During this meeting, the government assured Wangchuk that no action would be taken against students protesting peacefully and that the FIRs already registered against protesters would be withdrawn.

The Scale of Legal Actions During the Movement

The protest movement at Jantar Mantar lasted for 36 days, spanning from June 13, 2026, to July 25, 2026. During this period, it's claimed that approximately 15 to 20 FIRs were registered in Delhi alone. While the government has agreed in principle to withdraw these cases, the process must follow a specific legal framework. Every individual involved must go through a prescribed legal procedure to ensure the formal closure of these records. Out of the approximately 20 cases registered in connection with the Jantar Mantar violence and related incidents, 14 cases are specifically linked to the protests and violence. One case was registered for flying a drone without permission, while the remaining cases involve reports filed by journalists and police personnel regarding physical assaults they faced.

The Step-by-Step Legal Procedure for FIR Withdrawal

Once the government gives the green light, a fixed legal process is followed for the withdrawal of cases. As soon as the official order is issued, legal action will proceed accordingly, while the first step involves the state, represented by the prosecution or Delhi Police, writing a letter to the Lieutenant Governor (LG) after receiving the government's directive. This letter will state that the authorities don't wish to proceed with the prosecution in these specific cases. Following this, the approval of the LG is required, while once the LG grants approval, the police will inform the relevant court that they no longer intend to prosecute these matters. The final decision then rests with the court, which will issue orders based on the application. It's important to note that cases filed by journalists regarding attacks on them won't be withdrawn under this agreement.

Alternative Legal Options for Case Closure

If obstacles arise in the primary process, the law provides other avenues for case resolution. One such method is the submission of a closure report by the police. Instead of a purely political decision, the government can direct the police to conduct an impartial review. If a chargesheet has not yet been filed in court and the police find insufficient evidence against the students, or if the case was registered solely due to the act of protesting, the police can submit a final report or closure report to the court. Once the Magistrate accepts this report, the case is terminated. Another option involves the High Court. If the sections invoked are serious or if the lower court doesn't provide relief, the students or the government can collectively approach the High Court, while under Section 528 of the new law, BNSS, the High Court holds the prerogative to quash FIRs that are found to be politically motivated or false.

Lok Adalat and Developments in Bihar

For minor offenses such as blocking roads, violating Section 144, or protesting without permission, the government and the students can opt for 'Lok Adalat' through mutual consent. This allows for the collective disposal of cases in a single day. Meanwhile, the situation regarding student protests in Bihar has taken a political turn. Reports of police firing AK-47s and conducting lathi charges on protesting students have led to opposition from within the NDA. An NDA MP has publicly voiced dissent, stating that they stand against such actions taken by the police in Bihar.

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