In a sternly worded order, the Madurai Bench of the Madras High Court came down heavily on the state police for having registered multiple FIRs against Anti-sterlite protestors for their role in the May 22 Thoothukudi protest..The Bench of Justices CT Selvam and AM Basheer Ahamed passed the order yesterday while disposing of various petitions filed by protestors against the multiple FIRs registered against them..The protest against Vedanta’s Sterlite Copper Smelting plant had led to the police opening fire on the civilian crowd, resulting in the loss of thirteen lives. In connection with the incident, the police registered multiple FIRs against the protestors for various offences alleged to have occurred during the protest..As submitted by the petitioners, in some cases the same accused were named in as many as 100 cases for the same event..After registering Crime No. 191 of 2018 in relation to the protest, the Court noted that eventually 243 cases were registered against the protestors. All of these cases were evidently registered in relation to a single event i.e. the Anti-Sterlite protest on May 22.. “A bare reading of the F.I.R. above reproduced makes abundantly clear that the same related to all incidents that took place in and around Thoothukudi on 22.05.2018, the common underpinning being the protest against Sterlite Industries.”.As noted in the judgment, many of the informing occurrences had occurred at one and the same time and some even within minutes of each other..Concluding that the same could only be viewed as an abuse of statutory powers, the Bench minced no words in condemning the acts of the police..“A hundred F.I.Rs, another eighty-five F.I.Rs. against particular individuals? Is one to obtain bail in one case only to be told that he is detained in another? Is this a message to the protestors of Thoothukudi – ‘Don’t you dare’? How brazen and insensitive can the State be? .Is the State oblivious or uncaring of the position that by conducting itself in the manner informed, it is putting every person, even if he has played an ever so small part in the protests in fear of the midnight knock and arrest? Are family members, who have lost their near and dear ones, constantly to fear their arrest or that of their loved ones? Is the State being oblivious or is it the intent? .Given the sadness of the Thoothukudi incident of 22.05.2018 why is the State, when it should be looking for the balm that heals, be raising the police palm that threatens?”.The Court, therefore, proceeded to direct that the police treat all the impugned FIRs as statements made to the police under Section 163 (2) of the Code of Criminal Procedure in relation to the same case i.e. Crime No. 191 of 2018..“This Court directs that complaints in all F.I.Rs. registered in connection with the happenings of 22.05.2018 and related in any manner to the Anti-Sterlite protests in and around Thoothukudi be treated as 161(3) Cr.P.C. statements in Crime No.191 of 2018.”.As regards concerns pertaining to the investigation in the case, the Court noted that the matter is currently pending before the Principal Bench of the Court..“As we are aware that a decision on the manner of investigation in the case is pending consideration of the Hon’ble First Bench at the Principal Seat, we would leave it to petitioners to later move afresh thereregards, if need be.”.Read the Order:
In a sternly worded order, the Madurai Bench of the Madras High Court came down heavily on the state police for having registered multiple FIRs against Anti-sterlite protestors for their role in the May 22 Thoothukudi protest..The Bench of Justices CT Selvam and AM Basheer Ahamed passed the order yesterday while disposing of various petitions filed by protestors against the multiple FIRs registered against them..The protest against Vedanta’s Sterlite Copper Smelting plant had led to the police opening fire on the civilian crowd, resulting in the loss of thirteen lives. In connection with the incident, the police registered multiple FIRs against the protestors for various offences alleged to have occurred during the protest..As submitted by the petitioners, in some cases the same accused were named in as many as 100 cases for the same event..After registering Crime No. 191 of 2018 in relation to the protest, the Court noted that eventually 243 cases were registered against the protestors. All of these cases were evidently registered in relation to a single event i.e. the Anti-Sterlite protest on May 22.. “A bare reading of the F.I.R. above reproduced makes abundantly clear that the same related to all incidents that took place in and around Thoothukudi on 22.05.2018, the common underpinning being the protest against Sterlite Industries.”.As noted in the judgment, many of the informing occurrences had occurred at one and the same time and some even within minutes of each other..Concluding that the same could only be viewed as an abuse of statutory powers, the Bench minced no words in condemning the acts of the police..“A hundred F.I.Rs, another eighty-five F.I.Rs. against particular individuals? Is one to obtain bail in one case only to be told that he is detained in another? Is this a message to the protestors of Thoothukudi – ‘Don’t you dare’? How brazen and insensitive can the State be? .Is the State oblivious or uncaring of the position that by conducting itself in the manner informed, it is putting every person, even if he has played an ever so small part in the protests in fear of the midnight knock and arrest? Are family members, who have lost their near and dear ones, constantly to fear their arrest or that of their loved ones? Is the State being oblivious or is it the intent? .Given the sadness of the Thoothukudi incident of 22.05.2018 why is the State, when it should be looking for the balm that heals, be raising the police palm that threatens?”.The Court, therefore, proceeded to direct that the police treat all the impugned FIRs as statements made to the police under Section 163 (2) of the Code of Criminal Procedure in relation to the same case i.e. Crime No. 191 of 2018..“This Court directs that complaints in all F.I.Rs. registered in connection with the happenings of 22.05.2018 and related in any manner to the Anti-Sterlite protests in and around Thoothukudi be treated as 161(3) Cr.P.C. statements in Crime No.191 of 2018.”.As regards concerns pertaining to the investigation in the case, the Court noted that the matter is currently pending before the Principal Bench of the Court..“As we are aware that a decision on the manner of investigation in the case is pending consideration of the Hon’ble First Bench at the Principal Seat, we would leave it to petitioners to later move afresh thereregards, if need be.”.Read the Order:
