CHENNAI: The Madras High Court has quashed the criminal proceedings pending before a lower court at Vedaranyam against those affected by cyclone ‘Gaja’ and staged agitations and protests to register their protest against the alleged failure by the State government to provide relief materials in time. Justice N Anand Venkatesh, who quashed the proceedings while allowing one set of petitions, however, refused to do so in respect of their plea relating to causing damages to public property and attacking police personnel.
Quoting Avvaiyar’s ‘Moodhurai’, which stated that a deprived man of food and afflicted with hunger will lose all his balance (Pasi Vandhita Pathum Parandhu Pogum), the judge recalled the entire incident which happened in a spur of the moment, when people were deprived of their basic necessities. This is an extraordinary case, where this court cannot deal with it like a routine criminal one.
The petitioners had lost their sense of balance and out of desperation, they never realised what they were doing. There are no material to show that there was any pre-meditation or criminal intent in carrying out the protest/dharna. Interest of justice requires interference with the criminal proceedings, since making the petitioners face a criminal prosecution for action under an extreme situation, will amount to abuse of process of court.