Democratic right to raise voice against government demanding legal action; not unlawful or illegal: Madras HC [Read Order]

Madras: Madras High Court recently observed that every person has a democratic right to raise his voice against the government demanding legal action. And when such a right is exercised, it can't be said to be unlawful or illegal.

Justice G Ilangovan of the Madurai Bench observed that,

"The petitioner along with the others simply made agitation. It is a democratic right of every person to raise voice against the political or Government demanding legal actions. Such as right has been exercised by the petitioner. So that cannot be construed as 'unlawful or illegal'.

The court made this pertinent observation while quashing a criminal case registered against one for conducting a demonstration against the arrest of the DMK Youth Wing Secretary.

In this case, the petitioner was charged with offences under Section 143 and 270 of Indian Penal Code as well as sections under the Epidemic Disease Act, 1897 for conducting the demonstration at a time when the COVID-19 restrictions were in force.

Challenging this, the petitioner moved the Court, highlighting that none of the allegations mentioned the FIR would attract any of the ingredients of offences charged against him.

Taking these arguments into consideration, the court stated that for attracting the offence under Section 143, the ingredients under 141 IPC (unlawful assembly) must be fulfilled.

However, the court noted that there was nothing to attract the ingredients of unlawful assembly under 141.

The court further stated that as per 270 IPC (Malignant act likely to spread infection of disease dangerous to life), the maximum punishment period is two years or with fine or both. There is no question of limitation here, the Court noted.

It also took note of the fact that the government had taken a policy decision to withdraw the cases registered against the public for pandemic violations. Owing to these reasons, the Court allowed the criminal petition and quashed the case against the petitioner.

 [Read Order]