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FIR Doesn't Disclose Any Act Of Violence; Protests Happened All Over The Country: Madras High Court Quashes FIR Against CAA-NRC Protesters

Sparsh Upadhyay
25 Nov 2020 4:13 AM GMT
FIR Doesnt Disclose Any Act Of Violence; Protests Happened All Over The Country: Madras High Court Quashes FIR Against CAA-NRC Protesters
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While observing that the Petitioners had conducted peaceful demonstration/protest against the Amendment of CAA (Citizenship Amendment Act) and NRC (National Register Citizenship), the Madras High Court recently quashed the FIR filed against two CAA-NRC Protesters.The Bench of Justice J. Nisha Banu was hearing the petitions of Henri Tiphagne & Saathik Ali, who prayed before the Court to...

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While observing that the Petitioners had conducted peaceful demonstration/protest against the Amendment of CAA (Citizenship Amendment Act) and NRC (National Register Citizenship), the Madras High Court recently quashed the FIR filed against two CAA-NRC Protesters.

The Bench of Justice J. Nisha Banu was hearing the petitions of Henri Tiphagne & Saathik Ali, who prayed before the Court to call for the entire records pertaining to the impugned First Information Report in Crime Number. 4 of 2020, and to quash the same as against the petitioners.

The Court delivered two different orders with similar findings and observed,

"Though, there are prima facie materials to justify the registration of the First Information Report, I am of the view that its continuance is not warranted. This is because no untoward incident had taken place."

Case against them

The gist of the First Information Report was that on 04.01.2020, the petitioners along with others had conducted a demonstration against the Amendment of CAA (Citizenship Amendment Act) and NRC (National Register Citizenship).

The case of the respondent was that the petitioners by their acts had committed public nuisance. They had also caused interference with the free flow of general traffic.

Court's Observations

The High Court, in its order, remarked,

"The Country had witnessed protests all over by different sections of people against the said amendments. Since the protest was peaceful and even the First Information Report does not disclose any act of violence or happening of the untoward incident, I am of the view that the continued prosecution is not warranted. Quashing the same will secure the ends of justice."

Hence, the First Information Report impugned in the petition stood quashed. The Criminal Original Petition stood allowed.

The Court also clarified that the benefit of the Court's order will enure not only for the petitioner but also the non-petitioning accused.

Case titile - Saathik Ali v. The State and another [Crl.O.P(MD) No.12438 of 2020 and Crl.M.P(MD) No.5629 of 2020]

Henri Tiphagne v. The State and another [Crl.O.P(MD) No.12448 of 2020 and Crl.M.P(MD) No.5652 of 2020]

Click Here To Download Order

[Read Order]



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