The Madurai Bench of the Madras High Court has quashed criminal proceedings filed against individuals who protested at the hilltop of Thiruparankundram, seeking the removal of a flag hoisted on the Kallathi tree.
According to the police case registered by Thiruparankundram police, the group had allegedly assembled without prior permission, raised slogans, disturbed public peace and caused obstruction to traffic. Sivalingam, one of the accused, approached the High Court seeking to quash the case.
Hearing the petition, Justice L. Victoria Gowri noted that the allegations did not disclose the commission of any offence and that the complaint lacked specific details, including how anyone was prevented from moving or how traffic was obstructed.
The court observed that raising slogans or participating in a demonstration cannot be treated as a nuisance in the absence of allegations of harm, danger or disruption to the public. It underlined that the rights to free speech and peaceful assembly are foundational to democracy, and that criminal law cannot be used to suppress protests when there is no violation of law.
Holding that the case reflected a routine protest rather than a criminal act and appeared to have been registered mechanically without proper scrutiny, the court allowed the petition and quashed the case.
