Madras High Court quashes FIR against law students who assembled to celebrate Ambedkar Jayanti

The Madurai Bench of the Madras High Court recently quashed criminal proceedings against law students who had assembled in front of law college to celebrate Dr. BR Ambedkar’s birth anniversary [S. Dinesh Kumar v. The Inspector of Police]..Justice GR Swaminathan even extended the order’s benefit to the accused who had not challenged the criminal proceedings before the High Court."The assembling of the law students in front of the Law College cannot constitute unlawful assembly. Since the accused wanted to celebrate the birthday of Dr.Ambedkar in advance and since the permission was denied, they appeared to have got agitated. This behaviour on the part of the students can be expected and it need not have been given a criminal colour," the Court ruled..By way of background, the accused had assembled in front of law college on April 11, 2016 and wanted to celebrate the birthday of Dr. Ambedkar in advance. Dr. Ambedkar's birthday falls on April 14. Since during the relevant time, a Model Code of Conduct was in force, the defacto complainant is said to have been denied permission for the assembly.It was alleged that the accused were aggrieved by this and raised slogans, prevented public servants from discharging their duties and caused obstructions to traffic.It was also the case against them that they broke the photo of Dr Ambedkar causing damage to the tune of ₹150. Offences under Sections 143 (unlawful assembly), 188 (Disobedience to order duly promulgated by public servant), 341 (wrongful restraint) and 353 (deter public servant from discharge of his duty) of the Indian Penal Code and Section 7 (1) (a) (cause any person to abstain from doing any act) of Criminal Law Amendment Act was registered against the accused..After hearing the petitioner’s counsel and the Additional Public Prosecutor, the Court opined that the offence of unlawful assembly was not made out..The order stated that a first information report for an offence under Section 188 of the IPC cannot be registered by a police officer.The single-judge opined that since the accused were denied permission to celebrate Dr Ambedkar’s birthday, they got agitated. “This behaviour on the part of the students can be expected and it need not have been given a criminal colour,” the Court opined..Regarding the allegation that the accused damaged a picture of Dr. Ambedkar, the Court found it improbable, since the very object of the assembly was to celebrate his birthday.“It is inherently improbable that they could have conducted themselves in a manner so as to sully the hallowed memory of Dr. Ambedkar,” the Court said.It, therefore, concluded that the continuance of prosecution was not warranted and proceeded to quash the criminal proceedings."This criminal original petition is allowed. The benefit of this order will enure in favour of the non-petitioning accused also," it ruled. .Advocate T Lajapathi Roy appeared for the petitioner while the respondents were represented by Additional Public Prosecutor E Antony Sahaya Prabahar..[Read Order]