TN Govt Has Decided To Withdraw All Anti-CAA Protests Cases, Madras HC Notes While Quashing Case Against Lawyer

The Madras High Court recently quashed the criminal proceedings initiated against an advocate for indulging in protests against the Citizenship Amendment Act in Chennai in December 2019.

The FIR was lodged against Advocate S Devika under Sections 143(unlawful assembly) and 188(disobedience to orders of public servants) of the Indian Penal Code.

While allowing the petition filed by Advocate Devika under Section 482 of the Code of Criminal Procedure to quash the criminal proceedings against her in IX Metropolitan Magistrate's Court, Saidapet, Chennai, a single bench of Justice N Anand Venkatesh observed that no offence has been out against the petitioner.

The Court also took note of the precedents which held that police cannot register FIR under Section 188 IPC.

Further, the Court noticed the policy decision of the State Government to withdraw the criminal cases registered against persons for indulging in anti-CAA protests.

"...it is brought to the notice of this Court that the Government has taken a policy decision that all the cases that were registered against those who indulged in protest against the amendment to Citizenship Act, is going to be withdrawn by the State", Justice Anand Venkatesh noted in the short order.

In this backdrop, the Court observed that "no useful purpose will be served" by continuing the criminal proceedings against the lawyer.

Accordingly, the petition was allowed by quashing the criminal proceedings.

Click here to read/download the order