Nisha Ghosal
The Kerala High Court quashed criminal proceedings against ex-MLA and said that holding peaceful procession is a fundamental right.
A criminal case was filed against a former legislator for obstructing the road while holding a protest against the arrest of two “dalith” girls in Thalssery.
The ex-MLA contended the charges under Section 482 of the CrPC in the High Court. He said that he was performing his fundamental rights under Article 19(1)(a) and 19(1)(b) of the Constitution.
Justice MR Anitha said, “Some meetings maybe peaceful in the beginning and subsequently turn violent…The only statement of the witnesses is that the procession caused obstruction to the vehicles and the pedestrians.”
She further stated, “So in the particular fact situation of this case there is nothing to show from the records produced that the procession led had become disorderly or noisy. In other words it appears to be a peaceful and non violent procession led by the petitioner and others”
