Court affirms that peaceful protests and slogan-raising are fundamental rights, dismissing charges against Krishnamoorthy under Bharatiya Nyaya Sanhita, 2023.
In a significant ruling on June 18, 2026, the Madras High Court quashed criminal proceedings against Krishnamoorthy, a farmer leader, who faced charges under the Bharatiya Nyaya Sanhita, 2023. The charges stemmed from a protest held on January 18, 2026, where Krishnamoorthy and others demanded the withdrawal of cases against fellow farmer advocate M. Easan. The court ruled that the right to dissent through peaceful protests is a fundamental right enshrined in the Constitution of India.
The case was presided over by Justice M. Nirmal Kumar, who emphasized the constitutional guarantee under Articles 19(1)(a) and 19(1)(b), allowing individuals to express their views through peaceful assembly and free speech. The petitioner, represented by Senior Counsel Mr. V. Raghavachari, argued that the protest did not disrupt public order as it was conducted on private property, and no prohibitory orders were violated.
Justice Kumar highlighted that the allegations against Krishnamoorthy were generic and lacked specific evidence of unlawful conduct. The court noted that the protest did not result in any public complaints or disturbances. The ruling underscored the court’s stance that prosecuting individuals for exercising their democratic rights constitutes an abuse of legal processes.
The court's decision drew upon precedents such as the Jeevanandham v. State case, which reinforced the protection of protest rights. Justice Kumar criticized the police for failing to adhere to established guidelines for handling protests and for filing charges without substantial evidence of legal violations.
The verdict is hailed as a victory for democratic rights, particularly for farmers and activists who often resort to peaceful protests to voice their concerns. Legal experts believe this ruling will serve as a benchmark for future cases involving the right to dissent and protest.
The court's decision to dismiss the charges against Krishnamoorthy reaffirms the judiciary's role in safeguarding constitutional rights against unwarranted criminalization, reinforcing the essence of democracy.
Bottom line:-
Right to protest is a fundamental right guaranteed under the Constitution of India, and mere raising of slogans and conducting peaceful protests cannot be construed as unlawful acts or criminal offenses.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 189(2), 226, 193(1); Constitution of India Articles 19(1)(a), 19(1)(b).
Krishnamoorthy v. State, (Madras) : Law Finder Doc id # 2942970
