No purpose will be served by prosecuting anti-CAA protester: Madras HC

The Madras High Court recently quoted the Tamil Nadu government’s decision to withdraw criminal cases against people who participated in anti-Citizenship Amendment Act (CAA) protests, to quash criminal proceedings against an advocate for participating in the agitation in Chennai in 2019.

“…it is brought to the notice of this Court that the Government has taken a policy decision that all the cases that were registered against those who indulged in protest against the amendment of Citizenship Act, is going to be withdrawn by the State,” a single bench of Justice Venkatesh said.

According to LiveLaw, IX Metropolitan Magistrate’s Court, Saidapet, Chennai gave the order while allowing a petition filed by Advocate S Devika, against whom an FIR was lodged under Sections 143 (unlawful assembly) and 188 (disobedience to orders of public servants) of the IPC.

The court took note of earlier precedents which held that police cannot register FIR under Section 188 of the IPC.

The bench also observed that “no useful purpose will be served” by initiating criminal proceedings against the lawyer.

Just ahead of the commencement of the Assembly session, the Edappadi Palaniswami government in February announced that cases registered against anti-CAA protesters and those booked for violating COVID-19 lockdown rules will be withdrawn. Reports peg the number of cases filed against anti-CAA protesters at 1,500.