CHENNAI: Observing that protest is the hallmark of democracy, the Madras High Court recently quashed a case against a farmer for staging protests seeking withdrawal of FIRs registered against a farmers’ association leader. The case had been pending before the judicial magistrate court at Palladam in Tiruppur district.
Justice M Nirmal Kumar passed the orders on a petition filed by S Krishnamoorthy of Avinashipalayam. The case pertains to a protest staged by the members of Tamil Nadu Farmers Protection Association at Alagumalai village, falling under the Avinashipalayam police station, on January 18, demanding withdrawal of the FIRs registered against their leader and advocate M Esan.
Praying for quashing the case pending in the local court, Krishnamoorthy moved the high court. He contended that the police had registered the case for obstructing free movement of the public despite the fact that the protest was held on a private land and no public movement was obstructed.
Justice Nirmal Kumar, in the order, said that no public had lodged a complaint and none got affected due to the protest. Stating that the petitioner and others followed the rights provided by the Constitution, he said, “A mere reading of the allegations in the final report shows that the allegations are general in nature and no specific allegations are made against the petitioner to attract the said provisions. Raising slogans and showing protest itself would not amount to commission of offence.”
