Madras High Court (FIle Photo | Express)
Tamil Nadu

Protesting against Tasmac shop not a crime, says Madras HC; quashes case against Makkal Adhikaram members

A charge sheet was also filed in the Chidambaram magistrate court. The members then approached the HC seeking to quash the case.

Express News Service

CHENNAI: Observing that protesting against a Tasmac liquor shop cannot be considered a criminal act, the Madras High Court recently quashed a case filed against the members of Makkal Adhikaram movement over a protest demanding the closure of a Tasmac outlet in Cuddalore district.

Members of Makkal Adhikaram had staged a protest demanding the closure of a Tasmac outlet in Chidambaram, Cuddalore, in May 2016. Following this, the Sethiyathope police registered an FIR against the members, including petitioners Muruganandham and Manimaran, stating that the protest was held without proper permission and caused traffic disruptions.

A charge sheet was also filed in the Chidambaram magistrate court. The members then approached the HC seeking to quash the case. Their counsel argued that the protest was peaceful and held in the interest of the public. He pointed out that no public complaint had been made and that the police booked the case on their own. However, the police argued that the protest was held without permission and the case was filed to protect law and order.

Hearing the petition, Justice P Velmurugan observed that raising reasonable concerns about the social problems caused by Tasmac outlets cannot be criminalised. Political parties promise to reduce the number of liquor shops but merely relocate them instead, leaving the issue unresolved, he added.

The judge said filing cases against individuals for participating in peaceful protests is against their democratic rights. Emphasising that peaceful protest is a constitutional right, especially in matters related to social welfare, the court quashed the case.

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