The Madras High Court has quashed criminal proceedings initiated against members of the Rashtriya Swayamsevak Sangh (RSS) who had been booked for allegedly assembling without prior permission in Ambur, Tirupattur district, on 2 October 2025, during celebrations marking Vijayadasami and the organisation’s centenary year, as reported in Verdictum.
The petitioners had been facing trial before the Judicial Magistrate Court in Ambur for offences under Sections 189(3), 223, 126(2), and 293 of the Bharatiya Nyaya Sanhita (BNS).
Justice M. Nirmal Kumar allowed the petition seeking quashing of the proceedings and observed that the gathering was held to commemorate Vijayadasami and the 100th anniversary of the RSS.
“…it is admitted fact that the petitioners gathered together which is their fundamental right. In this case, no public lodged a complaint and no public got affected, due to the unlawful assembly by the petitioners. Hence, this Court finds that the petitioners have unlawfully assembled together only to celebrate Vijayadasami festival and 100th year anniversary of their association formation”, the Court observed.
Advocate D. Vijaya Babu appeared on behalf of the petitioners, while Additional Public Prosecutor Leonard Arul Joseph Selvam represented the respondents.
According to the prosecution, the petitioners had assembled in Ambur carrying RSS flags without obtaining prior permission from the authorities. It was alleged that the gathering obstructed public movement and transportation. The Village Administrative Officer (VAO) reportedly instructed the participants to disperse, but they allegedly failed to comply, following which a complaint was lodged.
Based on the complaint, a charge sheet was filed before the trial court. The prosecution cited four witnesses in support of its case — the Village Administrative Officer, two Village Assistants, and the Investigating Officer.
While examining the case, the High Court identified three major shortcomings in the prosecution’s case.
Firstly, despite the incident allegedly taking place in a public area and in full public view, no independent witness from the public had been examined. The only witnesses listed were government officials connected to the case.
Secondly, the prosecution had failed to place any material on record demonstrating that a prohibitory order had been properly promulgated and communicated to the public or that the petitioners had knowingly disobeyed such an order.
Thirdly, the Court found no evidence showing that the gathering had actually caused any disturbance or resulted in any public inconvenience.
“The petitioners unlawfully assembled together to celebrate Vijayadasami festival and 100th year anniversary of their association formation Admittedly, in this case, the occurrence took place in a public place, in public view, surprisingly no public or independent witness examined by the prosecution, which causes serious doubt on the veracity of the complaint. The witnesses cited by the prosecution are only passers-by…”, the Bench observed.
The Court further noted that the charge sheet had been filed within nine days of the registration of the complaint, indicating what it described as a hurried investigation. It also pointed out that no member of the public had either lodged a complaint regarding the gathering or claimed to have been adversely affected by it.
Relying on its earlier decision in Jeevanandham and others v. State Rep. by Inspector of Police and another (2018) 2 LW Crl. 606, the Court concluded that allowing the criminal prosecution to continue would amount to an abuse of the legal process.
“It is seen that the petitioners had followed the rights provided by the Constitution of India and held the protest under the guise of Constitution. A mere reading of the allegations in the final report, the allegations are general in nature and no specific allegations are made against the petitioners to attract the said provisions. Unlawful assembly itself would not amount to commission of offense”, the Bench further observed.
In light of these findings, the High Court quashed the criminal proceedings pending against the RSS members before the Judicial Magistrate Court, Ambur.
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