Protest by hunger strike will not amount to an attempt to commit suicide: Madras HC [READ ORDER]

Judiciary Feb 23, 2021 Matthew Savios ( Editor: Ekta Joshi ) 9 Shares

The Madras High Court while hearing a petition seeking quashing of a criminal case pending before the Judicial Magistrate Court No.2, Ponnamallee, Chennai observed that the mere fact that the petitioner has protested by sitting on hunger strike will not attract the offence under Section 309 IPC (Attempt to commit suicide).

Also Read - Madras HC Grants 8 Lakh Compensation to Woman's Family Who Fell From Overcrowded Train [READ JUDGMENT]

The petitioner along with other persons was detained at Special Camp, Poonamallee in 2013. Protesting the detention, the petitioner and others sat on a hunger strike for 10 days. In this incident, an FIR was registered to mention the hunger strike as amounting to an offence of attempt to commit suicide under Section 309 IPC. On completion of the investigation, a final report was given to the lower court which took the matter in its file in 2016. The petitioner approached the High Court seeking an order to quash further proceedings on the case pending against him.

Advocate P. Pugalenthi, appearing for the petitioner brought two main arguments before the High Court. The first argument that even if the allegations are taken at face value it does not constitute an offence under Section 309 IPC.

Also Read - Madras HC Grants bail to Ex-Judge held for uploading abusive videos [READ ORDER]

The second argument was on the procedural ground as laid down in Section 468 Cr. P.C. The section puts a bar on taking cognizance of offences after the lapse of the period of limitation. The period of limitation for an offence punishable by a maximum imprisonment of 1 year as provided in the same section is 1 year. Section 309 prescribes maximum imprisonment of only 1 year but in the present, the FIR was filed in 2013 and the lower court has taken cognizance only in 2016.

The court after hearing both sides have concluded that the two grounds argued by the petitioner are valid. The Court held that:

“The mere fact that the petitioner has protested by sitting on hunger strike will not attract the offence under Section 309 IPC. Even if the materials available on the record are taken as it is, it does not constitute an offence under Section 309 IPC.”

On the procedural question also, the court approved the contention raised by the petitioner. It held that:

“…the Court below ought to have taken cognizance within one year since the offence is punishable for a maximum period of one year. However, the Court below has taken cognizance after nearly three years without assigning any reasons. Therefore, taking cognizance of the final report by the Court below is barred by law and stands vitiated.”

Following the above findings, the court quashed the case pending in the lower court.

Hunger strikes were used as a weapon of non-violence against the colonisers during the Indian Freedom Struggle. Right to Protest is one of the six Fundamental Rights to Freedom as given in Article 19 of the Constitution of India. Though the right is subject to reasonable restriction the courts in the past have allowed hunger strikes as a form of protest.

[READ ORDER]

Madras HC Grants 8 Lakh Compensation to Woman's Family Who Fell From Overcrowded Train [READ JUDGMENT]

Judiciary Mar 27, 2021 Snehal Khemka ( Editor: Ekta Joshi ) 8 Shares

The Madras High Court in a recent judge mentordered compensation of ₹8 lakh (along with 6% interest) to the family of a woman who died in the year 2014 as she was traveling in an EMU."Only in the event of a criminal act or self-inflicted injury with an intention can be attributed against the victim as contemplated under Section 124(A) of the Railways Act. In all other circumstances, mere negligence or carelessness cannot be a ground to deny the compensation," the court said.The single bench...

Read full post

Madras HC Grants bail to Ex-Judge held for uploading abusive videos [READ ORDER]

Judiciary Mar 25, 2021 Lawstreet News Network ( Editor: Ekta Joshi ) 9 Shares

The Madras High Court on Tuesday, 23 March 2021 granted bail to former High Court Judge C.S. Karnan. He was held for uploading abusive videos threatening the higher judiciary and their family members. The bail was granted by Justice J V. Bharthidasan who considered the facts that the ex-judge has already spent 110 days in custody, and has already given his formal written apology. Medical ground was also one of the bases on which bail was granted as he has developed some complications...

Read full post