Madras HC Stays Proceedings Against Hindu Munnani Cadres in Protest Case
Madras HC Stays Case Against Hindu Munnani Protesters

Madras High Court Grants Interim Stay in Hindu Munnani Protest Case

The Madras High Court has issued an interim order staying further legal proceedings in a case registered against cadres of the Hindu Munnani organization. This development stems from a protest held on December 3, where the activists demonstrated against police officials for allegedly disobeying a judicial directive.

Background of the Legal Dispute

The controversy centers around the lighting of the Karthigai deepam at the deepathoon, a stone pillar situated atop Thiruparankundram hill in Madurai district. A single judge of the high court had previously issued an order mandating this ritual, but police officials are accused of failing to comply with this directive.

In response, Hindu Munnani functionaries organized a peaceful gathering at Thiruparankundram on December 3 to witness the lighting ceremony and protest the police's actions. The Thiruparankundram police subsequently registered a First Information Report (FIR) against the protesters based on a complaint filed by the village administrative officer.

Court Proceedings and Petitioners' Arguments

Justice L Victoria Gowri passed the interim stay order while hearing petitions filed by twelve Hindu Munnani functionaries. These individuals sought to quash the FIR registered against them, arguing that their constitutional rights were being infringed.

The petitioners emphasized that their protest was conducted peacefully and was aimed solely at condemning the police for disobeying the court order. They asserted that expressing an opinion is a fundamental constitutional right that cannot be curtailed by any executive authority.

Furthermore, the petitioners contended that there was no evidence to suggest they promoted or provoked enmity between different groups. The prosecution did not allege that the protest caused any disturbance to public property, nor were there claims of any objects being broken, damaged, destroyed, defaced, or altered in any manner.

The FIR was described as containing only bald and omnibus allegations, lacking substantive material to support the charges. Consequently, the petitioners argued that the case against them should be dismissed to uphold their legal and constitutional protections.

Implications and Next Steps

The interim stay order by the Madras High Court temporarily halts all further proceedings in this case, providing relief to the accused while the matter is under judicial review. This decision highlights the ongoing tension between law enforcement actions and the exercise of democratic rights in India.

As the legal process continues, the court will further examine the merits of the petitions and the validity of the FIR. The outcome could set a significant precedent regarding the boundaries of protest rights and police accountability in similar situations across the country.