The Court found no material indicating that the accused had used criminal force, committed mischief or interfered with the rights of others.Observing that peaceful assembly and freedom of expression enjoy constitutional protection, the Court held that “mere protest is insufficient to attract the c
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Chennai ,September 2 : The Madras High Court has quashed the charge sheet against eight persons accused in connection with a 2022 protest in Coimbatore against Karnataka’s hijab restrictions, observing that “mere protest” is insufficient to attract charges relating to unlawful assembly, wrongful restraint and promoting enmity.
Justice G.K. Hanthiraiyan allowed a criminal original petition filed by the eight accused and quashed the charge sheet pending before the Judicial Magistrate No. V, Coimbatore, insofar as the petitioners were concerned.
According to the prosecution, the accused and others affiliated with the Tamil Nadu Muslim Munnetra Kazhagam assembled at Selvapuram on March 26, 2022, to protest against restrictions on Muslim female students wearing hijab in Karnataka.
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Police alleged that the protesters blocked a road, raised slogans and delivered inflammatory speeches. A case was subsequently registered under Sections 143, 341 and 153 of the Indian Penal Code (IPC).
The petitioners approached the High Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), arguing that the allegations did not establish the offences invoked against them.
The State opposed the plea, submitting that the police had completed the investigation and filed a final report that had already been taken cognisance of by the trial court.
However, the High Court examined whether the material satisfied the legal requirements for an unlawful assembly. It noted that such an assembly must have one of the specified common objects, including using criminal force, committing an offence or interfering with another person’s rights.
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The Court found no material indicating that the accused had used criminal force, committed mischief or interfered with the rights of others.
Observing that peaceful assembly and freedom of expression enjoy constitutional protection, the Court held that “mere protest is insufficient to attract the charges” under the provisions invoked.
The Court consequently quashed the criminal proceedings against the eight petitioners.