A Single Judge Bench of Madras High Court comprising of Justice R. Hemalatha in the case of Jafar Sathick @ Jahabar Sathick v. The State and another has observed that Citizens have Right to Freedom of Speech and Expression and Right to form association without arms. The Court also ordered quashing of an FIR against the Petitioner as the petitioner organized a peaceful protest and no unlawful incident took place in it.
Background of the Case
In this case, the Petitioner had organized a protest against the amendments done in Citizenship Act. An FIR was lodged against the petitioner in the Police Station for creating Public Nuisance and causing hindrance to the mobility of the people.
Therefore this Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.63 of 2020 on the file of the first respondent and quash the same as illegal as against the petitioner.
Reasoning and Decision of the Court
The Court made a strict perusal of the FIR and found that no unlawful activity took place during the protest against the amendments done in Citizenship Act. The Petitioner who had organized the protest was not indulged in any unlawful activity which was also supported by investigating officer in the FIR.
The Court held that:
“it must be unequivocally emphasized 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 (1) (a), (b), (c) and (d) of the Constitution of India. But of course these rights come with terms and conditions.”
Hence, the Court ordered the Respondent to quash the FIR against the petitioner and allowed the Criminal Original Petition as the protest was peaceful and as already observed no untoward incident took place.
Case Details
Case:- Crl.O.P.(MD)No.4609 of 2021
Petitioner:- Jafar Sathick @ Jahabar Sathick
Respondent:- The State Represented by The Inspector of Police & Ors
Counsel for Petitioner:- Mr.S.M.A.Jinnah
Counsel for Respondent:- Mr.A.Robinson
Judge: Justice R. Hemalatha
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