The Madras High Court has come to rescue of Law Students who agitated to celebrate BR Ambedkar's birthday.
The students had gathered outside their college since they were denied permission to celebrate the occassion.
Quashing the criminal proceedings against them, the bench comprising of Justice G. R. Swaminathan further observed that their assembly can't be constitute as an unlawful assembly.
The Prosecution had argued that during the time of their said agitation, Model Code of Conduct was in force thus the de facto complainant denied them the permission and. Aggrieved by the same, the accused allegedly raised slogans and prevented public servants from discharging their duties and also caused obstruction to the general traffic.
It was also stated that the accused broke the photo of Dr.Ambedkar and caused damage to the tune of ₹150/- and hence offences under Sections 143, 188, 341 and 353 of I.P.C. and Section 7 (1) (a) of Criminal Law Amendment Act was registered against them. Investigation was conducted and final report was filed and cognizance of the aforesaid offences was also taken.
A final report after investigation in the matter was conducted and cognizance of the aforesaid offences was also taken. The case was taken on the file and to quash the same, the present petition had been filed.
The Court on the outset observed that an FIR cannot be registered for the offence under Section 188 of I.P.C. by the Police as the assembly wasn't unlawful.
The Court noted that that the accused wanted to celebrate the birthday of Dr. Ambedkar in advance and since the permission was denied, it agitated them and therefore, the Court observed that this behaviour on the part of the students needn't have been given a criminal colour.
The Court found that the stand of the prosecution that the accused threw the photo of Dr.Ambedkar and caused damage to it is inherently improbable.
"The very object of the assembly was to celebrate the birthday of Dr.Ambedkar. It is inherently improbable that they could have conducted themselves in a manner so as to sully the hallowed memory of Dr.Ambedkar."
The Court thus quashed the criminal proceedings and noted that the benefit will extend to the non-petitioning accused too.
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(With input from news agency language)
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