Judge says the country had witnessed protests all over by different sections of people against the said amendments. Since the protest was peaceful …, I am of the view that the continued prosecution is not warranted
CHENNAI — The Madurai Bench of the Madras High Court has quashed the First Information Report (FIR) filed against two persons who had staged protest demonstration against the controversial Citizenship Amendment Act (CAA) and National Register Citizenship (NRC) earlier this year.
The Single judge Bench of Justice J. Nisha Banu noted that “no untoward incident had taken place” at the protest held at Shenkottai, Tamil Nadu on January 4, 2020.
Justice Banu delivered two separate orders with similar findings, “The First Information Report impugned in this petition stands quashed. The Criminal Original Petition stands allowed. The benefit of this order will ensure not only for the petitioner but also the non-petitioning accused.”
The petitioners had prayed before the court to call for the entire records pertaining to the impugned FIR in Crime Number. 4 of 2020 and to quash the same against them.
The respondent State argued that their conduct caused public nuisance and interfered with the “free flow of general traffic”.
The Bench observed that even though the registration of FIR seems to be justified at that moment, continued prosecution is not warranted. She said, “…no untoward incident had taken place. The country had witnessed protests all over by different sections of people against the said amendments. Since the protest was peaceful and even the First Information Report does not disclose any act of violence or happening of untoward incident, I am of the view that the continued prosecution is not warranted. Quashing the same will secure the ends of justice.”
The judge not only applied this order, delivered on November 5, to the petitioner in this particular case, who was one of the protesters, but all those accused by the police in connection with the case.