Protests During Covid Lockdown: Madras High Court Quashes Proceedings Against DMK Minister Senthilbalaji

Justice A D Jagdish Chandra passed the orders in a petition filed by Balaji along with four others seeking to quash the chargesheet filed before the Karur Judicial Magistrate for the alleged offences under Sections 143 (punishment for unlawful assembly) and 270 (Malignant act likely to spread infection of disease danger­ous to life) of IPC r/w. Section 4A(1a) of Tamil Nadu Open Places (Prevention of Disfigurement) Act, 1959.

The petitioners submitted before the court that as per the chargesheet they were part of a protest of hunger strike against the agrarian law reforms sought to be introduced by the Central Government and against the various false cases being foisted upon the cadres of DMK Party. It was alleged that the strike was without any permission from the authorities.

The petitioners however submitted that the protest was for a public cause and apart from that there was no material evidence to show that the petitioners have committed offences as alleged. The petitioners also submitted that there were no independent witnesses who have spoken about the occurrence.

The petitioners also contented that there was no specific overt act or role attributable to them and mere assembly of persons by itself does not constitute an offence. There was also no material to show that the petitioners were acting negligently to spread the infection of any disease dangerous to life without following COVID 19 guidelines issued by the State.

Case Title: V. Senthilbalaji and Ors v. State rep. By Inspector of Police and Another