Madras High Court Dismisses FIR Against Student Protesters
On August 7, the Madurai Bench of the Madras High Court dismissed a criminal case filed against eight students accused of protesting a conference aimed at the ‘eradication of Sanatana Dharma’ in Madurai. The case, Senthoora Velan Vs State, was presided over by Justice R. Vijayakumar, who highlighted the peaceful and democratic nature of the protest.
Justice Vijayakumar noted, “The petitioner and others have raised their agitation in a peaceful and democratic manner and further, there is no allegation of any damage to any public property.” The court observed that the students had not caused any harm to public property during their demonstration.
Background of the Case
The First Information Report (FIR) was originally lodged by the Thallakulam Police in September 2023. The defendants, including petitioner M Senthoorvelan and seven other members of a student association, faced charges under Sections 143 (unlawful assembly), 341 (wrongful restraint), and 290 (public nuisance) of the Indian Penal Code.
The FIR claimed that the students gathered outside the venue where the Sanatana Dharma eradication conference was held, continuing their protest despite police warnings. It was further alleged that their actions blocked a road, causing inconvenience to the public.
Petition to Quash the FIR
Senthoorvelan, identified as the fifth accused, petitioned the High Court for the FIR’s dismissal. Represented by Advocate PR Malan, his counsel argued that Senthoorvelan, a law student, peacefully objected to the conference and insisted their protest should not be deemed a criminal offense.
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The petition further highlighted the police’s failure to file a chargesheet nearly three years after the case’s registration. The government advocate, G Ganesh Kumar, informed the court that although a chargesheet has been prepared, it has not yet been filed.
Court’s Ruling
After reviewing the FIR, the court concluded that continuing the criminal proceedings would constitute an abuse of the legal process. Justice Vijayakumar stated, “In such circumstances, continuation of the criminal proceedings would only be an abuse of process of law.”
Although the petition was submitted solely by Senthoorvelan, the court extended the judgment’s benefits to all eight accused, quashing the FIR for each.
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Conclusion
The judgment underscores the importance of protecting peaceful and democratic protests, reinforcing the judiciary’s commitment to ensuring that legal processes are not misused.
