HC modifies trial court order against ex-Unnao MP in protest case: ‘punishment of 2-yr jail unwarranted’

Annu Tandon, then with the Congress; Surya Narayan Yadav, party’s then Unnao district president; party’s then Unnao city president Amit Shukla and one Ankit Parihar were leading the protest.

According to the order, a train was stopped by around 150-200 people holding Congress flags for 12 minutes at 11.42am on June 12, 2017. A case was lodged against four persons by name and 150-200 unidentified people under Section 174-A (by squatting or picketing or during any rail roko agitation or bandh) of the Railways Act.

Advocate Kamini Jaiswal, who appeared for the appellants, submitted that the protest was staged in an open space near the railway track by the appellants and other Congress workers and it was not the Rail Roko agitation.

Representing the Railway Protection Force, Advocate Shiv P Shukla submitted that Tandon was leading the protest and obstructed the train movement for 15 minutes.

The court observed, “This bench finds that awarding a sentence of two years of simple imprisonment to the appellants in the facts and circumstances of the case is excessive. In a democracy, people have the right to protest against the government’s policies/action/inaction provided the protest does not lead to commission of an offence by the protesters. Except for halting the train for 15 minutes, there was no damage to private and public property…”