Peaceful Protest by Lawyers Demanding Toll Exemption Not a Criminal Offense, Rules Court
The Madras High Court, in a significant ruling, has quashed the proceedings against a group of advocates who were charged under the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) for staging a peaceful protest demanding toll road exemptions. The court found the charges, particularly under Section 223 of the BNSS, legally unsustainable without adherence to the prescribed procedures.
The case, Rajkumar v. State rep. by The Inspector of Police, revolved around an incident where members of the Bar assembled without permission and protested for toll exemptions on the road between Trichy and Chennai. This led to the registration of a case and filing of a final report under Sections 189(2), 223, and 126(2) of the BNSS.
Presiding Judge D. Bharatha Chakravarthy noted that the charges under Section 223 could not be sustained as the specific procedural requirements under the BNSS were not followed. Furthermore, the court observed that the protest did not involve any violence or disturbance to public order, and no criminal intent was evident from the records.
The court emphasized that the protest was an expression of democratic rights, though for an unusual cause, and highlighted that members of the Bar are not exempt from paying tolls legally collected from the public. Despite the nature of the protest, it was determined that the actions did not constitute a criminal offense.
Citing the case of Jeevanandham v. State rep. by the Inspector of Police, the court reiterated its stance on the legal unsustainability of the charges and concluded by quashing the final report and all related proceedings in the case.
This ruling reinforces the legal framework supporting the right to peaceful protest while also upholding the procedural integrity of criminal charges under the BNSS.
Bottom line:-
Quashing of proceedings under Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) - Peaceful democratic protest by advocates demanding toll road exemption - Charges under Section 223 of BNSS cannot be sustained without following prescribed procedure - Actions of petitioners do not attract ingredients of criminal offence.
Statutory provision(s): Bharatiya Nagarik Suraksha Sanhita, 2023 Sections 189(2), 223, 126(2)
Rajkumar v. State rep. by The Inspector of Police, (Madras) : Law Finder Doc id # 2949327
