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There is no disclosure in FIR about the violence being committed : Madras High Court rejected the FIR against CAA- NRC Protesters
The Madras High Court had observed while rejecting FIR against CAA NRC Protesters that no violence had taken place during protests, and protesters assembled peacefully when they protested against Citizenship (Amendment Act) and NRC (National Register Citizenship).
The Bench of Justice J. Nisha Banu heard the petitions filed by Henri Tiphagne & Saathik Ali, who prayed to ask for the entire records and to quash the First Information Report in Crime Number. 4 of 2020, which was lodged against the petitioners.
The Court passed two different orders with similar observations-
“Though, there may be prima facie reason to prove the registration of the First Information Report right, but from my point of view, its continuance is not needed. It is because no violence had taken place.”
Facts of the Case-
The facts on which the First Information Report was booked that on 04.01.2020, the petitioners along with others assembled to protest against the CAA (Citizenship (Amendment) Act) and NRC (National Register Citizenship). The respondent alleged that the petitioners had committed public nuisance by conducting protests. They also restrained the free flow of public traffic.
Court’s Order-
The Court observed-
“There were protests in different regions of this country by different sections of the people against Citizenship Amendment Bill and National Register Citizenship. The protests were known to be conducted peacefully even the First Information Report doesn’t contain any incident of violence being committed during the said protest. My view is that the present case needs no continuation of prosecution. Rejecting the FIR will ensure about the Justice being done.”
The First Information Report mentioned in the petition stood invalid, but the Original Criminal Petition stood valid, and the Court permitted its continuance.
The Court also said that the benefit from the Court’s order would ensure Justice not only for the petitioners but also for the accused that was not the part of the petition.
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