Madras High Court Quashes FIR Against Protestors, Upholds Right to Peaceful Assembly

Court affirms constitutional rights under Articles 19(1)(a) and 19(1)(b), dismisses FIR for lack of specific allegations.

In a significant judgment emphasizing the protection of constitutional rights, the Madras High Court, Madurai Bench, quashed the FIR filed against members of the Hindu Munnani organization, who were accused of participating in an unlawful assembly during a protest. The court underscored the fundamental democratic rights to freedom of speech and peaceful assembly as enshrined in Articles 19(1)(a) and 19(1)(b) of the Indian Constitution.

Justice L. Victoria Gowri delivered the judgment on December 3, 2025, in response to a petition filed by Kalanithimaran and others, who were named in the FIR registered by the Tamil Nadu police. The FIR, lodged under various sections of the Bharatiya Nyaya Sanhita, 2023, failed to specify any overt acts by the petitioners that would constitute a penal offense. The court noted that the allegations were vague and lacked substance, thus failing to meet the legal requirements necessary for sustaining criminal proceedings.

The judgment also addressed concerns of discriminatory practices by the police, pointing out that permission was selectively granted to another group while being arbitrarily denied to the petitioners. This selective enforcement, the court stated, was a breach of Article 14, which guarantees equality before the law.

Justice Gowri highlighted that the right to peaceful protest is a cornerstone of democratic governance and cannot be curtailed without justifiable cause. The court further invoked its inherent powers under Section 482 of the Criminal Procedure Code, 1973, to prevent misuse of the legal process and ensure justice.

The decision reinforces the judiciary's role in upholding civil liberties and sets a precedent in safeguarding the democratic rights of citizens to express dissent through peaceful means.

Bottom Line:

Peaceful protests and freedom of expression are constitutionally protected rights under Articles 19(1)(a) and 19(1)(b) of the Constitution of India. FIRs alleging criminal offences must disclose specific overt acts satisfying the ingredients of the alleged offences; vague and omnibus allegations cannot sustain criminal proceedings.

Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 189, 389, 5, 85; Constitution of India, 1950 Articles 19(1)(a), 19(1)(b), 14; Criminal Procedure Code, 1973 Section 482

Kalanithimaran v. State of Tamil Nadu, (Madras)(Madurai Bench) : Law Finder Doc Id # 2820985