JODHPUR, June 5 -- The Rajasthan high court has strongly held that peaceful dissent cannot be treated as a crime, stating, "If simply opposing an officer's decision results in the registration of a criminal case, it would reflect a mindset reminiscent of British colonial rule but surely not the spirit of a free, democratic nation governed by the rule of law." Justice Farjand Ali made this observation while quashing an FIR on Wednesday that had been lodged against more than 50 farmers who had staged a silent protest over the distribution of water from the Jawai Dam. The protest took place in October 2022 near National Highway-62 in Sumerpur, after farmers were aggrieved by the last-minute shifting of a long-established water allocation meeting from the Dam Inspection Bhawan, Sumerpur, to a new location. The FIR was registered at Police Station Sanderao on the instructions of local administrative officials. The charges invoked against the farmers included Sections 117, 143, 283, and 353 of the IPC, and Section 8B of the National Highways Act-relating to unlawful assembly, obstruction of public way, assault on public servants, and damage to highways. However, the court found the allegations to be vague and lacking substance. Citing the farmers' right to peaceful protest, the court said, "This is a democratic country that exists for its people. Preventing citizens from holding a peaceful protest through force or coercion cannot be justified." It further noted, "Water is a basic necessity, and for farmers, it is a matter of survival and livelihood. Their wrath and resentment, therefore, is natural." The bench emphasised that gathering for a cause-even if it leads to temporary public obstruction-does not amount to a crime unless there is violence or a shared unlawful intention. "Not every assembly can be deemed an unlawful assembly, and in a democratic country like India, the right to free speech and expression is a fundamental right enshrined in the Constitution, allowing individuals to express their opinions on any matter through any medium. Article 19(1)(b) of the Constitution guarantees the right to assemble peacefully without arms, provided such gatherings do not involve violence, threats, or actions that disrupt public order," the court said, pointing out that even the FIR acknowledged that no violence, damage to property, or injury had occurred. The lead petitioner, Ajaypal Singh-a farmer from Jalore district-had also challenged the suspension of his gun license, which had been revoked solely due to the FIR. The court set aside the suspension, stating, "The order passed against him appears to have been issued without any application of mind," and directed that he be permitted to renew the license in accordance with law. Declaring that the protest was "an expression of democratic dissent," the high court concluded that no case was made out under any of the invoked sections, and quashed the entire FIR and subsequent proceedings....