Madras HC quashes FIR against students who protested against ‘eradication of Sanatana Dharma’ conference

The Madras High Court on August 7 quashed a criminal case against eight students who had protested against a conference organised in Madurai on "eradication of Sanatana Dharma” [Senthoora Velan Vs State]

Justice R Vijayakumar observed that the students had opposed the conference through a peaceful and democratic protest. The Court also noted that there was no allegation that they had caused any damage to public property.

“The petitioner and others have raised their agitation in a peaceful and democratic manner and further, there is no allegation of any damage to any public property,” the Court said.

The First Information Report (FIR) was registered by the Thallakulam Police in September 2023 against petitioner M Senthoorvelan and seven others belonging to a student association.

They were booked under Sections 143 (unlawful assembly), 341 (wrongful restraint) and 290 (public nuisance) of the Indian Penal Code.

According to the FIR, the students had gathered outside the hall where the conference on the eradication of Sanatana Dharma was being held.

The police alleged that the students continued their protest despite being warned by police officers. They were also accused of blocking a road and causing inconvenience to members of the public.

Senthoorvelan, who was named as the fifth accused in the case, approached the High Court seeking the quashing of the FIR.

His counsel submitted that Senthoorvelan was a law student who had raised objections to the conference. The students had protested peacefully outside the venue and their actions could not be treated as a criminal offence, the Court was told.

The petitioner further pointed out that the police had not filed a chargesheet for nearly three years after registering the case.

The government advocate informed the Court that the chargesheet has been prepared but has not yet been filed.

After examining the FIR, the Court concluded that continuing the criminal case would amount to an abuse of the legal process.

“In such circumstances, continuation of the criminal proceedings would only be an abuse of process of law,” the Court said.

Although the petition was filed only by Senthoorvelan, the Court found that the remaining accused stood on the same footing. Therefore, it extended the benefit of the order to all of them and quashed the FIR against all eight accused.

Advocate PR Malan represented the petitioner

Government Advocate G Ganesh Kumar appeared for the State.

[Read Judgment]