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
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
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
Related articles
Related Articles
Freedom
Gauhati HC overturns FT order, declares man to be Indian citizen
The court observed that failure to disclose the names of all the members of the family cannot weaken his case and render his evidence unreliable
Freedom
Gauhati HC overturns FT order, declares man to be Indian citizen
The court observed that failure to disclose the names of all the members of the family cannot weaken his case and render his evidence unreliable
Theme
Hate Speech and Delhi Pogrom 2020
Campaigns
Alternate News Network
Videos
Communalism
Gyanvapi controversy manufactured for political gain?
In wake of the ongoing controversy surrounding the Kashi Vishwanath temple - Gyanvapi mosque compound in Varanasi, watch this video and an exclusive interview of Maulana SM Yaseen, of Gyanvapi Mosque, conducted by senior research scholar Muniza Khan.
Communalism
Gyanvapi controversy manufactured for political gain?
In wake of the ongoing controversy surrounding the Kashi Vishwanath temple - Gyanvapi mosque compound in Varanasi, watch this video and an exclusive interview of Maulana SM Yaseen, of Gyanvapi Mosque, conducted by senior research scholar Muniza Khan.
Archives
IN FACT
Podcasts
Podcasts
Podcasts
Analysis
Hate Speech and Delhi Pogrom 2020
Rule of Law
Delhi violence: HC grants bail to two murder accused, doubts eye witness allegations
Sabrangindia 13 Apr 2021
Health
SC judges to work from home after half the court’s staff tests Covid positive
