Police receive legal opinion to drop case against NSS protest
Interestingly, the legal advice came on the eve of the Puthuppally assembly bypoll.
THIRUVANANTHAPURAM: The police on Monday received legal advice that the proceedings against NSS leaders and members, who took part in the ‘Namajapa Yatra’ in T’Puram city on August 2 in protest against Speaker AN Shamseer’s statement on Lord Ganesh could be dropped. The legal opinion given by Assistant Public Prosecutor (APP) Manu R to the Cantonment police said the event “was not illegal, restricted or regulated and the continuation of investigation would be an instance of abuse of process under the law.”
Interestingly, the legal advice came on the eve of the Puthuppally assembly bypoll. The withdrawal of the case was one of the pressing demands of the NSS, which was irked by the statement made by Shamseer.
The legal opinion rendered by the APP said ‘Namajapa Yatra’ was “nothing but related to a religious practice associated with the Hindu religion. Therefore it’s a protected right under Article 25 (1) of the Constitution.”
He also opined that charges of unlawful assembly won’t stand and the police have failed to identify or interrogate any pedestrians or vehicle-users, who could give an independent version to buttress the allegation that the protestors had blocked the road. It was also pointed out that there was no violence and damage due to the procession and if any obstruction was caused to the public, “it was only a trifle.”