'No Obstruction': Telangana HC Quashes Proceedings Against TVV Members For Raising Slogans For Release Of Prof GN Sai Baba, Varavara Rao

The Telangana High Court has upheld the right of an individual to raise slogans in a public space, without prior sanction, albeit in a peaceful and orderly manner, without using offensive language. The Court said:

“The contention of petitioners is that they never participated in the protest and also relied on the judgment of Anita Thakur's case, wherein the Hon'ble Supreme Court observed that Article 19(1)(a) confers freedom of speech to the citizens of this country and, thus, this provision ensures that the petitioners could raise slogan, albeit in a peaceful and orderly manner, without using offensive language. In the present case, there are no allegations that these petitioners used offensive language and there is no evidence to show that due to unlawful assembly, nuisance is caused to the public and that they have obstructed free flow of traffic or obstructed the public or the authorities from discharging their duties. Hence, continuation of proceedings against these petitioners is not tenable and the same is liable to be quashed.”

The order was passed by Justice K. Sujana in a Criminal Petition filed by the members of Telangana Vidyarthi Vedika (TVV) praying to quash the criminal proceedings initiated against them for the offences alleged under Sections 143, 341, 290, 186 r/w. Section 149 of IPC for allegedly conducting a protest program at the Dr. B.R. Ambedkar statue for the release of Prof. G. N. Sai Baba and Varavara Rao without prior permission.

Paying heed to the Anita Thakur Vs Government of Jammu and Kashmir judgement passed by the Supreme Court, the bench held that the right to raise slogans is a fundamental right, as long as it does not affect the public order or use any offensive language.

In the instant case, the Bench conceded with the argument put forward by the counsel for the petitioner, wherein it was contended that a common objective could not be proved, that the chargesheet did not disclose the obstruction of any vehicle nor was any individual or public servant to attract the offence under section 341 or 186 of the IPC.

Thus, it was concluded that the petitioners acted within their fundamental rights safeguarded under Article 19(1)(a), and the criminal proceedings against them were quashed.

Case number: Crlp 3865 of 2024

Case Title: Kothapally Mahesh A6 vs. State of Telangana

Counsel for petitioner: T Rahul

Counsel for respondent: Public Prosecutor

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