Air Pollution Protest Quickly Hijacked by Budding Comrades Outcrying About Maoist Madvi Hidma’s Encounter, Followed by Violence, Police Crackdown, and FIRs; Now the Court Is Left to Decide the Fine Line Between Free Speech and Inciteful Speech

Key Points:

Amid the growing concern regarding the toxic air in the national capital of India, one demonstration demanding clean air turned into a chaotic case resulting in criminal charges and multiple arrests. The protest against pollution at India gate, New Delhi  on 23 November 2025 quickly escalated when some of the protesters allegedly used pepper spray on police officials. 

The protest took a new turn after reports emerged that some demonstrators were allegedly chanting pro-Maoist slogans in praise of the slain Maoist leader, Madvi Hidma. What began as a simple demonstration involving student activists later resulted in multiple arrests and FIRs on 24 November 2025.

A total of 22 students were arrested on Monday and sent to judicial custody for three days on claims that the protest had been staged at an “unauthorised site.” FIRs were registered at two stations —-Kartavya Path and Sansad Marg police station. The arrests followed allegations that the students had attacked police officers present at the scene.

See Also: Delhi NCR Chokes: Supreme Court to Hear Pollution PIL Amid Dangerous AQI Spike

The Delhi pollution protest falls under the fundamental right to assemble, as guaranteed by Article 19(1)(b) of the Constitution. However, this right comes with reasonable restrictions—gatherings must remain peaceful, without violence or weapons, in the interest of national sovereignty and public order.

Did the protest for the right to breathe override the right to free speech? The Patiala Court has described the arrest of 22 individuals protesting at India Gate as “warranted custody.”

In the context of the recent Red Fort blast on 10 November 2025, which claimed at least 15 lives, a Patiala Court magistrate stated that the investigating agency’s probe “cannot be curtailed.”

The court cited that the pollution protest had integrated slogans praising Maoist commander Madvi Hidma. Judicial Magistrate of the Patiala court Aridaman Singh Cheema stated that the investigating team has the right to continue with the probe in the wake of the recent terror attack in Delhi on 26 November, 2025.

Judicial magistrate Cheema stated that their rights “cannot be curtailed (at) a recent stage when there are allegations regarding the raising of slogans, which jeopardise the sovereignty, integrity and security of India.”

The allegations against the Delhi protesters of raising maoist slogans and using pepper spray which allegedly injured 10 police officials was termed as a needful action by the Patiala court.

“Considering the seriousness of the allegation, the need to unearth the larger conspiracy, and the requirement of effective investigation, this court finds that police custody is warranted,” Judicial Magistrate Cheema added.  

Who was Maoist Madvi Hidma?

The call to action against air pollution was allegedly diverted into a protest with potential Naxal links. According to the police, pro-Naxalite slogans such as ‘Hidma amar rahe(Long live Hidma)’ and ‘Kitne Hidma maroge, har ghar se Hidma nikalega (No matter how many Hidmas you kill, a Hidma will rise from every household.)’ were chanted during the demonstration.

Madvi Hidma was gunned down on November 19, 2025, and his name unexpectedly surfacing in a pollution protest became a major turning point in the case. 

Hidma was a wanted man across several states and by the National Investigation Agency (NIA). He was believed to be the mastermind behind nearly every major Maoist attack in the last 20 years.

Born in 1981 in Sukma district, Chhattisgarh, Hidma belonged to the Muriya Scheduled Tribe and was known for orchestrating numerous Maoist operations across southern Chhattisgarh. He was also known by several aliases, including Santhosh, Deva, and Vilas.

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His attacks included the 2010 Dantewada massacre, in which around 76 CRPF (Central Reserve Police Force) personnel were killed. Hidma was killed along with his wife and four other Maoists in the Alluri Sitharama Raju district of Andhra Pradesh. Since the encounter, his name resurfacing in the slogans raised during the Delhi protest has once again pushed him into the headlines.

What charges were pressed by the Delhi police?

One FIR was registered against six individuals at the Kartavya Path police station, while the second FIR was filed at the Sansad Marg police station. All the accused were initially produced before a magistrate’s court and were subsequently sent to three days of judicial custody. 

Multiple sections were invoked against the accused, but an additional charge—Section 197 of the Bharatiya Nyaya Sanhita (BNS)—was added to the FIR registered at Kartavya Path. Section 197 of the BNS deals with acts or statements that can endanger India’s sovereignty and unity, and it punishes individuals who spread false information that could ultimately undermine national integration.

The FIR registered at the Kartavya Path police station clearly states that authorities were aware a demonstration against air pollution was to take place at India Gate. According to the FIR, prior to the protest, information had been received that a gathering under the Delhi Coordination Committee for Clean Air would assemble there. The police were also aware that activists from various student groups would be attending.

A senior police official claimed that protesters were informed that India Gate was an unauthorised location for demonstrations, and that Jantar Mantar was the “designated site.”

Despite multiple warnings, some individuals allegedly crossed the barricades and entered the C-Hexagon area, causing a traffic jam that lasted for an hour. In an attempt to disperse the crowd, some individuals allegedly used pepper spray on police officials which further escalated the situation. 

The scuffle quickly turned into a violent scene after multiple reports indicated that the protesters were subjected to police violence at the scene. On Monday, a photograph of an individual getting restrained by a police officer went viral. In the image a man was seen to be in a distressed state after a police officer restrained him by pinning him to the ground. 

Several female protesters came forward alleging that they were subjected to assault during the police custody. They told the court in a private confrontation where they alleged that the male police officers groped them. Others accused the officials of physical assault during the scuffle on 23 November, 2025.  

Around 30–40 people from Youth Stands for Society (YSS) took to the roads near India Gate to show their support for the action taken by the Delhi Police on 26 November 2025. They held placards reading, “Nation against Hidma” and “Stop shielding Anti-Nationals.” Meanwhile, the students’ defence lawyer stated, “After all, they are just students. They went there for a peaceful protest, not to indulge in any anti-national activity.”

While the national capital chokes on toxic air, the Patiala Court is set to hear the FIRs filed against the 22 protesters. The ruling will determine the scale between the right to free speech and its potential misuse.

[Rh]

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