Representation for withdrawal of protest FIRs - Home Minister 22.04.2022.docx

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22nd April 2022
To,
Shri Dilip Walse Patil
Hon’ble Home Minister
Government of Maharashtra
Subject : Closing of the FIRs / criminal prosecutions filed against civilian
protestors involved in peaceful, democratic protest in Mumbai against
unconstitutional CAA and nationwide NPR NRC between January and
February 2020.
We write this letter to you to express our anguish and surprise at the FIRs filed and chapter
proceedings initiated by the Mumbai Police against activists, students, academicians in
Mumbai for protesting peacefully against the unconstitutional CAA and nationwide NPR
NRC. Even while the city was grappling with the Covid-19 pandemic, these cases were
proceeded by the Mumbai police and continue to be prosecuted against peaceful protestors
who were part of vibrant, peaceful and democratic protests way back in January and February
2020. The criminalization of protestors who were part of these widely reported peaceful
protests needs to be stopped immediately.
The passing of the unconstitutional Citizenship Amendment Act, 2019 (CAA) introduced at
the behest of the BJP government in December 2019 led to nation wide protests. In Mumbai,
civilians from all sections came forward to protest against the communal and divisive, CAA
and the arbitrary process of the All India NRC and NPR sought to be initiated by the Central
government which could potentially render scores of citizens of India from the marginalized
sections, vulnerable groups and minorities, especially Muslims, Dalits, Adivasis, women,
children and the undocumented poor, without citizenship rights. Even the Maharashtra Vikas
Aghadi government and the parties in alliance have expressed their concerns about CAA,
NPR or NRC on several occasionsand also questioned the Central Government on the
information being sought in NPR/NRC, cabinets in several states have passed resolutions
against CAA and raised similar objections against NPR/NRC. The Maharashtra
governmenthas even instituted a 6-member committee of sitting ministers to review the

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legislations regarding CAA NPR NRC and submit a report before the Hon’ble Chief
Minister1.
Since mid-December 2019 to mid-March 2020i.e.before the Covid-19 pandemic crisis,
several peaceful and democratic protests were conducted by citizens in Mumbai in exercise
of the fundamental rights to free speech and assembly as recognized by the Indian
Constitution against the draconian CAA NPR NRC and violent attacks on civilian protestors
in different parts of the country during the time. The Mumbai protests have been exemplary
and a stellar display of the democratic spirit by the active citizenry of the country. Lakhs of
Mumbaikars from different communities joined the protests, which were attended by ex-civil
servants, political leaders and sitting ministers, government workers, musicians, film
personalities, students, professionals, citizen groups, civil society organisations and civilians
from different sectors. No incidence of violence, incitement or disruption was reported at any
of these peaceful protests, and instead the satyagrahi protestors displayed their commitment
to the nation and the Indian Constitution, holding the Constitution in one hand and the Indian
national flag in the other.
However in spite of this, the Mumbai Police selectively filed FIRs against only a few known
activists, lawyers, journalists and students in respect of several of these peaceful and
democratic protests (inspite of thousands of people being participating the same protests). In
none of these cases any allegation of violence or incitement of violence has been made and
admittedly the protests were all peaceful. The police subsequently filed chargesheets in these
cases, which are now going on before the respective Metropolitan Magistrate courts. Police
summons in these cases were served upon those named in these cases, in the heat of the
pandemic and the civilian have had to face immense harassment due to these proceedings.
Details of some of the cases are provided below.
(i) Case No. PS/950/2020 pending before the 3rd Metropolitan Magistrate Court,
Esplanade, Mumbai in the matter of State of Maharashtra vs. Feroz Hamaja
Mithiborwala & Ors.(FIR No. 7/2020 dated 7th January 2020, Colaba Police
Station) – Gateway Protest
In a spontaneous candle light vigil held at midnight on 5th January 2020 at
Gateway of India, thousands of students and civilians alerted by social media and
1https://www.freepressjournal.in/mumbai/maharashtra-state-government-gives-extension-to-cabinet-sub-
committee-on-caa-npr-and-nrc-till-august-2022

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the media attended the public gathering to protest the violent attacks by masked
mobs holding rods and sticks in the JNU campus which left atleast 23 people from
the university injured and admitted to AIIMS and Safdarjung Hospital. The
protest was not organized by any group but was a spontaneous response to calls
on social media to protest the violence taking place in JNU campus, which took
place in the midst of when the CAA NPR NRC protests were going on
nationwide.
The violence on students in JNU campus was also publicly condemned by
Hon’ble Mr. Aditya Thackeray who had demanded that action be taken against the
attackers. The Gateway protest was attended by eminent personalities in the city
including political leaders and sitting ministers2 from the ruling Maharashtra
government, film actors, musicians and students from across the city. No incident
of violence or disorder took place and the protest went on peacefully. The
Mumbai police co-operated with the satyagrahi protestors and did not close down
the protest demonstration.The protest was allowed to continue until the morning
of 7th January 2020, when few student protestors who were at the site were
detained and shifted to Azad Maidan, and the protest was subsequently called off.
Shortly after this, in a shocking move, it was reported that FIR bearing no.
7/2020 dated 7th January 2020 under Sections 143 and 149 of the IPC and 37(3)
and 135 of the Maharashtra Police Act had been filed by Colaba Police Station
selectively against 52 activists, lawyers, students, academicians selectively and
about 300 to 400 unnamed protestors and political leaders, even as tens of
thousands of people had reportedly attended the highly covered and publicly
telecast protests over a course of 1.5 days.Infact those named in the FIR were not
even present on the site when the protest were closed down by the police.Pursuant
to the filing of the FIR, several persons were called to Colaba Police Station for
recording statement and asked to furnish bail. Subsequently the Colaba Police
Station filed its chargesheet in the case against 36 persons on 28th December 2020
and those named in the Final Report have had to obtain bail and appear regularly
on dates before the Ld. Metropolitan Magistrate, Esplanade Court. The case is
currently pending next date of hearing in the case is 21st June 2022 before the 3rd
Metropolitan Magistrate court at Esplanade, Mumbai.
2https://timesofindia.indiatimes.com/city/mumbai/students-vent-against-violence-at-
gateway/articleshow/73131331.cms?frmapp=yes&from=mdr ; https://www.firstpost.com/india/ncps-jitendra-
awhad-joins-students-protesting-in-mumbais-gateway-of-india-condemning-violence-at-jnu-7866371.html

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In 2020, during the Covid-19 pandemic, chapter proceedings were also
initiated against some of the people who were named, by the Executive Magistrate
/ ACP, Colaba Police Station in respect of the same FIR, which were subsequently
abandoned in 2021.
List ofcivilians against whom the Criminal Case 950/PS/2020 is being
proceeded with (named in the Final Report filed with Chargesheet) is provided in
Schedule-I to the ANNEXURE.
(ii) Case No. PS/12/2021pending before the 38th Metropolitan Magistrate Court,
Ballad Pier, Mumbai in the matter of State of Maharashtra vs. Salim Hamja
Sabuwala & Ors. (FIR no. 4/2020 dated 7th January 2020 MRA Marg Police
Station)– Hutatma Chowk protest rally
On 6th January 2020, a protest rally was held from Hutatma Chowk to
Gateway (where the civilian protest was already going on), also in response to the
JNU violence. Several students, activists were part of this rally, which went on
peacefully and the police also did not stop the same. No incident of violence or
disorder took place in this peaceful rally that was joined by eminent personalities.
The police at no point of time tried to disperse the protestors and were infact
guiding them. However, following the rally FIRs bearing no. 4/2020 dated 7th
January 2020 under Sections 141, 143, 149, 341 and 34 of IPC was filed by MRA
Marg Police Station against 31 activists, lawyers, students, academicians
selectively and about 200-250 unnamed protestors. The arbitrary nature of the
FIRs is also evident from the fact that several persons named in the FIRinitially
were not even present at the rally3. Pursuant to the filing of the FIR, several
persons were called to MRA Marg Police Station for recording statement and
asked to furnish bail. Subsequently the MRA Marg Police Station filed its
chargesheet in the case against 16 persons on 5th January 2021 and those named in
the Final Report have had to obtain bail and appear regularly on dates before the
Ld. Metropolitan Magistrate, Ballad Pier Court. The case is currently pending
next date of hearing in the case is 10th August 2022 before the 38th Metropolitan
Magistrate court at Ballard Pier, Mumbai.
In 2020, during the Covid-19 pandemic, chapter proceedings were also
initiated against some of the people who were named, by the Executive Magistrate
3https://mumbaimirror.indiatimes.com/mumbai/cover-story/fir-against-people-who-were-in-office-attending-
college-not-even-in-mumbai/articleshow/73179313.cms

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/ ACP, MRA Marg Police Station, with surety notice ranging from 1-10 lakhs and
in one case to the tune of 50 lakhs. The ACP, MRA Marg Police Station has
subsequently closed the chapter proceedings.
List of civilians against whom the Criminal Case 12/PS/2021 is being
proceeded with (named in the Final Report filed with Chargesheet) is provided in
Schedule-II to the ANNEXURE.
(iii) FIR no. 34/2020 dated 7th February 2020, Nagpada Police Station – Mumbai
Bagh Protest against CAA-NPR-NRC
FIR bearing no. 34/2020 dated 7th February 2020 has been filed by the Nagpada
Police Station in the protests held at Mumbai Bagh against 200 to 300 unidentified
women protestors. The protest was organized by the local community and was
entirely peaceful and without any untoward incident.
Chapter proceedings were also initiated against few activists selectively in
connection with the said FIR and the Mumbai Bagh protests although they are not
even named in the FIR, which were subsequently abandoned.
(iv) Following proceedings in connection to CAA-NPR-NRC protests were also
initiated by policeor are pending –
1. Case No. 324/PS/2020 under sections 37(1), 135 of the Maharashtra Police
Act pending before the 5th Metropolitan Magistrate Court at Dadar,
Bhoiwada Mumbai –candlelight vigil at Veera Kotwal Gardens
A FIR was also filed at Mahim Police Station in connection with a peaceful
candle light vigil at Veer Kotwal Gardens, where student protestors who were
part of the protest were prevented from leaving and were subsequently
detained and taken to the Mahim police station by the police. Following this
several persons were summoned before the Bhoiwada Magistrate court to
furnish bail. Subsequently chargesheet has been filed in the case and the
matter is pending before the 5th Metropolitan Magistrate Court at Dadar.
2. FIR No.3/2020 under Sections 37(1), 135 of the Maharashtra Police Act
filed by the Marine Drive Police Station – candle light vigil at Marine
Drive
A FIR was also filed at Marine Drive Police Station in connection with a
peaceful candle light vigil at Marine Drive in which students and young

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activists participated and few of them were subsequently detailed and taken to
Marine Drive Police Station and also made to furnish bail.
3. Several other police stations have also filed FIRs, including FIR No.
53/2020 (Deonar Police Station), FIR No. 5/2020 (Shivaji Park Police
Station) and possibly others in connection with the CAA NPR NRC
protests.
The police has claimed in the aforesaid Gateway and Hutatma chowk protest FIRs that the
protests took place without police permission and in breach of prohibitory orders under
Section 144 of the Criminal Procedure Code, 1973, which are in place in South Mumbai.
Apart from this, there is no other allegation against the satyagrahi protestors of illegality and
it is not the case of the police that there was any violence, incitement or disorder or any other
“crime” at the protests. Infact, the police did not attempt to disperse the satyagrahi protestors
but were co-operating with them and guiding them, resulting in peaceful and orderly protests.
However, inspite of all the above protests being peaceful and democratic and attended by a
large diversity and number of Mumbaikars, the police has initiated the aforesaid criminal
cases. It is pertinent to note here that while tens of thousands of civilians attended these
protests, only a few handful activists, students, lawyers and academicians are being
selectively prosecuted by the police. Those arraigned in these cases are facing unnecessary
harassment, restrictions and criminalization at each stage in their education, career and daily
lives, while not having committed a single crime except for believing in democracy and in
the values enshrined in the Indian Constitution.
Mumbai city has a tradition of democratic and peaceful protests in exercise of fundamental
rights and constitutional freedoms guaranteed to the people under the Indian Constitution.
Many protests have taken place in Mumbai to protest violence against women, caste violence,
oppressive policies, bills and anti-worker and anti-farmer legislations by the central
government and to uphold the constitution and save democracy. Even in protests that have
taken place without police permission, generally protestors are allowed to continue
peacefully, and otherwise warned or at the maximum detained by the police briefly without
any criminal action. However such action of filing and pursuing criminal cases is not only
shocking but completely arbitrary and excessive. When there are real crimes taking place
against civilians daily, the police is investing its energies on prosecuting and criminalizing
students and activists who have infact upheld the values of the Constitution and democratic
spirit of the city and the country. This kind of action by the police also goes against the spirit

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of secularism and commitment to constitutional values that forms part of the minimum
programme of the Maharashtra Vikas Aghadi alliance, which is what these protests had
sought to protect.
We are accordingly greatly aggrieved by this action by the Mumbai police of targeting
activists through these cases and silencing legitimate and democratic voices of dissent,
literally rendering them criminal. Such criminalization of protests by the police sets a wrong
and dangerous precedent of targeting dissenting voices and opposing views, thereby
threatening our democracy, which cannot be allowed. There are hundreds of instances of
protests in the period which similarly took place, but were not met with criminal action by the
police as is seen in these cases. State Governments in Tamil Nadu4, Kerala5 and others have
already announced withdrawal of the CAA NPR NRC protest FIRs, while High Courts such
as Madras High Court6 have quashed CAA NPR NRC protest FIRs where the protests were
similarly peaceful. These cases hence are counter purpose and reduce people’s confidence in
the police and are in violation of the freedoms guaranteed under the constitution.
Many of us had submitted an earlier representation before the erstwhile Hon’ble Home
Minister in December 20207 and subsequently held meetings with officials from time to time,
asking for withdrawal of the aforesaid protest FIRs and had received assurances that the same
will be duly considered and ensured. The Maharashtra Government has honoured its
commitment towards the people of the city and closed FIRs against protestors in the Save
Aarey protest8, and taken decision to close FIRs in Nanar Protest9,cases filed for violation of
Covid restrictions10and all the protest FIRs upto 31st December 201911 (few days before the
dates of the above FIRs), in various of its orders passed to the effect. The Aurangabad Bench
4https://indianexpress.com/article/cities/chennai/tamil-nadu-govt-withdraws-5570-cases-against-protestors-
of-caa-farm-laws-7507692/
5https://gaurilankeshnews.com/kerala-government-to-withdraw-cases-in-connection-with-caa/
6https://thewire.in/law/madras-high-court-anti-caa-protester-kanyakumari
7https://timesofindia.indiatimes.com/city/mumbai/government-likely-to-withdraw-anti-caa-protest-
firs/articleshow/79963904.cms
8https://timesofindia.indiatimes.com/city/mumbai/save-aarey-proceedings-closed-against-29-protesters-in-
mumbai/articleshow/86082855.cms
9https://www.thehindu.com/news/national/other-states/nanar-protest-cm-orders-cases-to-be-
withdrawn/article30143447.ece
10https://www.hindustantimes.com/cities/mumbai-news/maha-to-withdraw-cases-registered-for-violation-of-
covid-19-curbs-101648578278153.html
11https://timesofindia.indiatimes.com/city/mumbai/maharashtra-cabinet-oks-withdrawal-of-political-social-
protest-cases/articleshow/79543829.cms

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of the Hon’ble Bombay High Court has recently directed12 implementation of such
resolutions passed by the Government for withdrawal of protest cases in the state from time
to time.We hope and trust that the Maharashtra Government will similarly act and extend the
benefit in the case of these constitutional, peaceful and democratic protests conducted to
oppose CAA NPR NRC and violence against students / protestors in other parts of the
country, and will not allow the mindless prosecution of peaceful protestors who stood up for
secularism and the Indian Constitution, in what was nothing less than a beautiful display of
people’s unity and spirit and our belief in the Indian constitution and vibrant democracy, and
was applauded world over.
We therefore request the Maharashtra Government to immediately and unconditionally
take back and withdraw the aforesaid protest cases along with any other criminal cases
initiated by the Mumbai Police in connection with the democratic protests against CAA
NPR NRC and violence on students / protestors in other parts of the country during the
period and further request that in the meantime, no coercive action whatsoever be
taken in these criminal cases.
Thanking you,
1) Dr. G G Parikh (Veteran Freedom Fighter, President, Yusuf Meherally Centre)
2) Anand Patwardhan (Documentary Filmmaker)
3) Arif Nasim Khan (former MLA, Minister, INC)
4) Bhai Jagtap (MLA, President Special Committee, Vidhan Parishad)
5) Charul Joshi (IPTA)
6) Eknath Gaikwad (President, Mumbai, INC)
7) Gurbir Singh (Veteran Journalist)
8) Hussain Dalwai (ex-MP, INC)
9) Irfan Engineer (Director, CSSS)
10) Jatin Desai (Veteran Journalist)
11) Javed Anand (President, IMSD)
12) Jyoti Punwani (Veteran Journalist)
13) Medha Patkar (Convenor, NBA, NAPM)
12https://www.barandbench.com/news/litigation/bombay-high-court-directs-prompt-action-to-withdraw-
criminal-cases-against-farmers-social-activists

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14) Meraj Siddiqui (Gen. Sec. Mumbai, SP)
15) Niloufer Bhagwat (Advocate)
16) Naseem Siddiqui (former Minister, NCP)
17) Nikhil Wagle (Veteran Journalist)
18) Prakash Reddy (Gen. Sec. Mumbai, CPI)
19) Pratima Joshi (Veteran Journalist)
20) Pratibha Shinde (Farmers Leader)
21) Rajni Bakshi (Author, Founder – Ahmisa Conversations, Life Member – PUCL)
22) Ram Puniyani (Writer)
23) Sanjay MG (Convenor, NAPM)
24) Sarfaraz Arzu (Editor, Hindustan Times)
25) Teesta Setalvad (Secretary, CJP, Veteran Journalist)
26) Tushar Gandhi (Author, Social Activist)
27) Uday Choudhari (V.P., AITUC, Maha)
28) Vasudevan (President, NTUI)
29) Vidya Chawan (ex-MLC, NCP)
30) Vishwas Utagi (Convenor, TUJAC)
31) Zeenat Shaukat Ali (Islamic Scholar)
Signed on behalf of the above by :
Teesta Setalvad Ram Puniyani Rajni Bakshi Javed Anand

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ANNEXURE
SCHEDULE – I : Persons accused in Case No. PS/950/2020 pending before the 3rd
Metropolitan Magistrate Court, Esplanade, Mumbai (State of Maharashtra vs.
FerozHamajaMithiborwala&Ors.)
1) Firoz HamajaMithiborwala
2) Sharad Dharma Gaikwad
3) Ashok Mahadev Kamble
4) Shailendra Eknath Kamble
5) JatinGovardhandas Desai
6) Mihir Akshyakumar Desai
7) Lara Amar Jeshani
8) Jyoti Suryakant Badekar
9) Ravindra HaibatBhilane
10) Sushan Abraham
11) Vinit Shankar Vichare
12) Shobha Ravi Salve
13) Suvarna Ravi Salve
14) SubodhaSatyanedranath More
15) Shefali Balkrishna Saini
16) Sushmita Dilipkumar Varma
17) AkshayManaji Sawant
18) Vipul Vijay Mumbarkar
19) Ratnakar Mukindrao Bhagat
20) Mahesh Madhukar Bharatiy
21) Bilal Arif Khan
22) Salim HamajaSabuwala
23) Kapildip Deepak Agarwal
24) Megha Gautam Kshirasagar
25) Musab Faizal Kazi
26) Divyang Vinayak Potdar
27) Prakash Gangaram Reddy
28) SambhajiBhiva Bhagat
29) Saeed @Afroz Malik
30) Aparna Anand Dalvi
31) Saleem Ahmed Alware
32) Abhishekh Subhash Bhatt
33) Amol Bhaudas Madame
34) Varsha VidyavilasDukhande
35) Mahendra Gajendra Singh
36) Laxman NarasayyaKalleda

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SCHEDULE – II : Persons accused in Case No. PS/12/2021 pending before the 38th
Metropolitan Magistrate Court, Ballad Pier, Mumbai (State of Maharashtra vs. Salim
HamjaSabuwala&Ors.)
1) Salim HamjaSabuwala
2) Ratnakar Mukindrao Bhagat.
3) Vinit Shankar Vichare.
4) Shobha Ravi Salave.
5) Divyang Vinayak Potdar.
6) Saeed Zakir Malik Hussain @ Afroz
7) Jyoti Suryakant Bedekar.
8) Sharad Dharma Gaikwad.
9) Laxman NarsayyaKalleda.
10) Megha Gautam Kshirsagar.
11) Vipul Vijay Mumbarkar
12) Suzan Varnan Abraham
13) Suvarna Ravi Salave.
14) Musab Faizal Kazi
15) Abdul Sattar @ Furkan
16) AbhaCharul Joshi.