The Madras High Court has asserted that unlawful assembly by itself does not amount to the commission of an offense. The court made this observation while quashing criminal cases registered against 15 Rashtriya Swayamsevak Sangh (RSS) members for celebrating the organization's 100th anniversary without prior permission.
Court's Observation on Unlawful Assembly
Justice M Nirmal Kumar stated on Wednesday that there was no material to show that any prohibitory orders had been promulgated and communicated to the public, nor was there any disobedience by the petitioners. Furthermore, the prosecution failed to demonstrate that any trouble occurred as a consequence of the alleged unlawful assembly.
Reference to Jeevanandam Case
The court referred to the 2018 judgment in the Jeevanandam case, where the Supreme Court held that the right to protest must be safeguarded and should not be termed a criminal offense. The judge emphasized that the Ambur Town Police had failed to follow the guidelines issued by the High Court in that case.
Lack of Evidence
The petitioners had assembled to celebrate Vijayadasami and the 100th anniversary of their association. The judge noted that the occurrence took place in a public place and in public view, yet no public or independent witness was examined by the prosecution, casting serious doubt on the veracity of the complaint. The only witnesses cited were passersby.
Abuse of Process
Justice Kumar observed that in several similar cases, the court had quashed investigations on the same grounds. He concluded that continuing the trial in this case would be wholly unsustainable and would constitute a clear abuse of the process of law, warranting the court's interference.
