Democratic Right To Raise Voice Against Govt Demanding Legal Action, Cannot Be Construed Unlawful Or Illegal: Madras High Court

Justice G Ilangovan of the Madurai bench observed,

“The petitioner along with others simply made agitation. It is a democratic right of every person to raise voice against the political or Government demanding legal action. Such a right has been exercised by the petitioner. So, that cannot be construed as 'unlawful or illegal',” the court observed.

The petitioner, Annavelu had been charged with offenses under Section 143 and 270 of IPC read with Section 3 of the Epidemic Disease Act 1897 for conducting the demonstration at a time when the Covid-19 restrictions were in force. The charge sheet had been filed and Karur Judicial Magistrate had taken cognizance of the offence.

Annavelu had challenged the criminal proceedings claiming that none of the allegations mentioned in the FIR would attract any of the ingredients of the offences alleged against him.

The court noted that for attracting the offence under Section 143 the ingredients under Section 141 of IPC must be fulfilled. However, the court noted that there was nothing to attract the ingredients of unlawful assembly under Section 141 IPC.

The court also noted that the government had taken a policy decision to withdraw the cases registered against the public for violating the restrictions imposed during the COVID-19 pandemic. The court thus deemed it fit to quash the criminal proceedings against Annavelu.

Counsel for Petitioner: Mr.M.Jothi Basu

Counsel for Respondents: Mr.M.Vaikkam Karunanithi Government Advocate (Criminal side)

Citation: 2024 LiveLaw (Mad) 10

Case Title: Annavelu v State and Another

Case No: Crl.OP(MD)No.21902 of 2023