Peaceful Student Protest Against Sanatana Dharma Eradication Conference Not Criminal: Madras High Court Quashes FIR

Peaceful Protest, Not a Crime

The Madurai Bench of Madras High Court has quashed a criminal case registered against a law student and seven others for peacefully protesting against a conference on the eradication of Sanatana Dharma. Justice R. Vijayakumar held that the protest was democratic and without any damage to public property, making further proceedings an abuse of the legal process.

The Case and the Context

In September 2023, the Thallakulam Police registered FIR No.1046 of 2023 against M. Senthoorvelan (the fifth accused) and others under Sections 143 (unlawful assembly), 341 (wrongful restraint), and 290 (public nuisance) of the Indian Penal Code. The students, part of a student association, had gathered outside a conference hall where a meeting for the eradication of Sanatana Dharma was being conducted. The police alleged that despite warnings, the students blocked the road and caused inconvenience to the public. However, for over three years, the chargesheet remained unfiled.

Arguments Before the Court

The petitioner, represented by Mr. PR. Malan, argued that the protest was peaceful and conducted in a democratic manner, and could not be considered an offence. He also pointed out the lack of any allegations of property damage. The government advocate, Mr. G. Ganesh Kumar, submitted that although the chargesheet was ready, it had not yet been filed.

Court's Reasoning

The court examined the FIR and found no allegations of damage to public property. Justice Vijayakumar noted that raising agitation in a peaceful and democratic manner is not an offence. The continuation of criminal proceedings, he stressed, would be an abuse of the process of law. The court also observed that the other accused stood on the same footing, warranting the quashing of the FIR against all.

Key Observations

“The petitioner and others, who belong to a Student Association had conducted a protest in front of a Conference Hall, where a meeting was conducted for eradication of Sanatana Dharma. 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. In such circumstances, continuation of the criminal proceedings would only be an abuse of process of law.”

Final Order

Consequently, the court allowed the petition and quashed the FIR not only against the petitioner but also against all other accused persons. The decision reinforces the right to peaceful protest and sets a precedent for quashing cases that lack substantive allegations of criminal conduct.