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Madras HC quashes FIR against CAA protestor, upholds freedom of speech

The court observed that since no untoward incident had happened when the petitioner was protesting, the FIR be quashed

Sabrangindia 13 Apr 2021

CAA

The Madras High Court has quashed proceedings against a person booked for protesting the Citizenship Amendment Act (CAA) while asserting that the Constitution bestows fundamental rights such as freedom of speech and right to assemble peacefully.

The petitioner, Jafar Sathick, sought quashing of FIR registered against him for protesting the CAA. The FIR was registered in March 2020 on the charge that the petitioner and others by their act had not only committed public nuisance, but also caused hindrance to the free flow of vehicular traffic on the road.

The bench of Justice R Hemalatha observed that during the said protest, no untoward incident took place and the FIR also does not disclose any acts of violence. The court unequivocally emphasised that the Constitution of India gives its Citizens the right to freedom of speech and expression, assemble peacefully and without arms, to form Associations and Unions and to move freely throughout the Territory of India under Article 19 of the Constitution.

The court, thus, allowed the petition and quashed the FIR against the petitioner.

The order may be read here:


Related:

Tripura HC quashes FIR against man charged for misleading FB post about pro-CAA number

Mere presence of accused at Red Fort cannot justify incarceration: Delhi court on R-Day violence

Protect arrestee’s human rights: Lawyers send open letter to UNHRC

Madras HC quashes FIR against CAA protestor, upholds freedom of speech

The court observed that since no untoward incident had happened when the petitioner was protesting, the FIR be quashed

CAA

The Madras High Court has quashed proceedings against a person booked for protesting the Citizenship Amendment Act (CAA) while asserting that the Constitution bestows fundamental rights such as freedom of speech and right to assemble peacefully.

The petitioner, Jafar Sathick, sought quashing of FIR registered against him for protesting the CAA. The FIR was registered in March 2020 on the charge that the petitioner and others by their act had not only committed public nuisance, but also caused hindrance to the free flow of vehicular traffic on the road.

The bench of Justice R Hemalatha observed that during the said protest, no untoward incident took place and the FIR also does not disclose any acts of violence. The court unequivocally emphasised that the Constitution of India gives its Citizens the right to freedom of speech and expression, assemble peacefully and without arms, to form Associations and Unions and to move freely throughout the Territory of India under Article 19 of the Constitution.

The court, thus, allowed the petition and quashed the FIR against the petitioner.

The order may be read here:


Related:

Tripura HC quashes FIR against man charged for misleading FB post about pro-CAA number

Mere presence of accused at Red Fort cannot justify incarceration: Delhi court on R-Day violence

Protect arrestee’s human rights: Lawyers send open letter to UNHRC

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