The Madras High Court has quashed an FIR registered against more than 300 people who protested in 2023 against the non-lighting of Karthigai Deepam on Thirupparankundram hill in Madurai district, as reported in Times of India.
The court was hearing a petition filed by S Nallathambi, seeking to quash the FIR registered against him by the Madurai city police.
According to the prosecution, Nallathambi and 303 others belonging to the Hindu Munnani had unlawfully assembled at Thirupparankundram hill and raised slogans over the non-lighting of Karthigai Deepam at around 5 pm on 25 November 2023.
Following the protest, a case was registered and the protesters were arrested.
Appearing for the petitioner, his counsel submitted that the protest was a form of democratic protest and that it had caused no inconvenience to the general public. The counsel also submitted that no public property had been damaged.
Justice R Vijayakumar observed that, as per the FIR, the petitioner and the other protesters had staged a protest against the state government for not lighting Karthigai Deepam at Thirupparankundram hill.
The judge held that the protest could not be considered a criminal offence, particularly when there were no allegations that the protesters had caused inconvenience to the general public or damaged public property.
The court further observed that the other accused also stood on the same footing.
The judge said, “In such circumstances, continuation of the criminal proceedings against the petitioner and other accused would only be an abuse of process of law.”
“In view of the above, the FIR stands quashed not only as against the petitioner but also as against the other accused,” the judge observed.
The Madras High Court consequently quashed the FIR against Nallathambi as well as the other 303 accused.
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