Madras High Court Quashes FIR Against Farmer for Organizing Protest

The Madras High Court in Chennai has quashed a First Information Report (FIR) registered against a farmer for organizing a protest, ruling that peaceful protest is a fundamental right and does not constitute a criminal offense.

Justice M Nirmal Kumar delivered the decision while ruling on a petition filed by the farmer. The petitioner had organized the protest to condemn the continuous registration of criminal cases against their association leader.

In the ruling, the court emphasized that peaceful protest is a key feature of a democratic society. Justice Kumar stated that the petitioner and the other protestors were simply exercising the rights guaranteed to them under the Constitution.

"It is seen that the petitioner and others followed the rights provided by the Constitution and held the protest under the guise of the Constitution," Justice Kumar observed in the order. "Raising slogans and showing protest itself would not amount to commission of offence. Showing protest is the hallmark of democracy, which is a fundamental right guaranteed under the Constitution."

The court relied on a previous judgment passed by the Madras High Court in the case of Jeevanandham and others. In that case, the high court had clearly established that the right to protest must be safeguarded and cannot be classified as a criminal offense.

Additionally, Justice Kumar noted that there was no material in the present case to show that any prohibitory orders had been promulgated or communicated to the public. The court also found no evidence of any disobedience by the petitioner.

By quashing the FIR, the Madras High Court reaffirmed that the mere act of organizing a peaceful protest and raising slogans does not amount to a crime.