While Quashing Further Criminal Proceedings Against Ex-MLA, Kerala High Court Says, It Is A Fundamental Right To Lead A Peaceful And Non-Violent Procession

DECISION OF THE KERALA HIGH COURT

• In the case of Dominic Presentation v. State of Kerala, the Kerala High Court declared that it is a fundamental right to lead a calm and peaceful procession involving no violence as has been guaranteed under Articles 19(1)(a) and 19(1)(b) of the Constitution of India.
• In this case, the Court quashed further criminal procedures against ex- MLA Dominic Presentation.
• A criminal case has been filed against three individuals including the petitioner, ex-MLA Dominic Presentation and 200 identifiable persons under Sections 143, 147, 283 read with Section 149 of the Indian Penal Code (IPC) in the year 2018.
• All these people allegedly formed an unlawful assembly and in furtherance of the common object of the assembly, they caused hindrance to the way of the general people and vehicles by taking part in the procession for protesting against the police arrest of two 'dalith' girls in Thalssery municipality in Kerala.
• The Court noted that as per the registered FIR or the final report, there is no evidence to show that the accused used any criminal force or any opposition to the enforcement of any law. It is not certain from the records that the accused had committed any criminal offence etc.

CONTENTIONS OF THE PETITIONER

• The learned counsel for the petitioner contended that even if the complete accusations as reported in the FIR and final report are accepted, an offence under Section 141 of the Indian Penal Code (IPC), 1860 would not be attracted.
• He further argued that there is no record to show that this procession has been carried out to restrain by criminal force or show of criminal force or against any law. There is no proof showing that the procession was conducted to oppose the enforcement of any law or for committing any offence or for compelling any person to do any act which he is legally not authorised to do by making use of criminal force. Thus the offence laid down under Section 141 of the IPC dealing with unlawful assembly is not attracted in this case.
• The learned counsel for the petitioner contended that the act of conducting a peaceful and organized demonstration of protest is protected by the provisions dealing with fundamental rights enshrined under Article 19(1)(a) and 19(1)(b) of the Constitution of India and as such the accused in this case have not committed any offence at all.
• The petitioner lawyer further contended that except the accusations relating to the connection between this procession and the KPCC President, V.M.Sudheeran led human rights protection demonstration, there is no material record in the FIR or the final report that the accused used any criminal force or any opposition to the enforcement of any law. It is not certain from the records that the accused had committed any criminal offence etc.

OBSERVATIONS OF THE COURT

• The Court observed that taking into account the particular fact and situation in this matter there is no records to show that the procession led peacefully has ultimately turned into a disorderly or noisy demonstration. The Court said in its order that it appears to be a peaceful and non-aggressive protest conducted by the petitioner along with others. Therefore, their actions are protected under the purview of the provisions mentioned under Article 19(1)(a) and 19(1)(b) of the Constitution of India dealing with fundamental rights of citizens.
• Justice MR Anitha further observed that there are no apparent and convincing records to show that the alleged demonstration blocked the public way of any individual and therefore an offence under Section 283, IPC is prima facie not committed by the petitioner and other members of the gathering.
• The Judge noted that there may be some gatherings which may be initially peaceful but it may later on involve some violence actions and hence a blanket protection cannot be granted to all such demonstrations. Therefore, each case needs to be examined on the basis of facts and circumstances in each case.