Chennai: Protest is the hallmark of democracy and is a fundamental right guaranteed under the Constitution, said Madras high court, adding that a mere protest would not amount to commission of an offence.Justice M Nirmal Kumar made the observation while quashing an FIR registered against a farmer for organising a protest condemning continuous registration of criminal cases against their association leader. “It is seen that the petitioner and others followed the rights provided by the Constitution and held the protest under the guise of the Constitution. Raising slogans and showing protest itself would not amount to commission of offence. Showing protest is the hallmark of democracy, which is a fundamental right guaranteed under the Constitution,” the court said.Relying on the past judgment by the high court in Jeevanandham and others, the judge said, “The high court had clearly held in the judgment that the right to protest to be safeguarded and not to be termed as criminal offence. In the case on hand, there is no material to show that there was any promulgation of prohibitory orders which was communicated to the public nor that there was any disobedience by the petitioner. Further, as a consequence of the protest, the prosecution failed to show whether any trouble occurred.”According to the petitioner S Krishnamoorthy, on Jan 18, the petitioner and others assembled near the Kovilpalayam area and conducted a hunger strike and protest to demand the withdrawal of criminal cases allegedly registered against one M Easan and others. It is further alleged that the participants protested without obtaining permission from the authorities and thereby caused inconvenience to the public and obstruction to the free movement of traffic. Pursuant to a complaint lodged by the VAO of Alagumalai Village, an FIR was registered by the Avinashipalayam police for the alleged offences under sections 189(2) (unlawful assembly), 226 (attempt to commit suicide to restrain a public servant from discharging their duty) and 193(1) (liability of the owner or occupier of land where an unlawful assembly or riot takes place) of BNS.
