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Case title: Simon & Ors Vs State represented by the Inspector of Police

Case no.: Crl.O.P. (MD)No.8122 of 2022 and Crl.O.P.(MD)No.8164 of 2022

Decision on: February 23rd, 2024

Quoram: Justice M. Dhandapani

Facts of the case

The Petitioners on 10.04.2022 gathered to conduct the first year homage/anniversary of the deceased Silambarasan, who died following a police chase and torture on 07.04.2021. They held continuous demonstrations with a small number of people near Anna Statue without obtaining any permission which obstructed law and order. Further, they demanded to take action against the delinquent police officers for their involvement in the illegal act leading to custodial murder of Silambarasan. The Respondent, Police Inspector registered a complaint against the petitioners for the said offences.

Legal Provisions

The Petitioners were charged under Sections 143, 341, 153, 153B (1)(c), 120B of IPC and Section 7(1)(a) of the Criminal Amendment Act, 1932 for the offences of unlawful assembly, wrongful restraint, deliberate provocation to riot and criminal conspiracy.

Contentions of the Petitioners

The Counsel submitted that the deceased Silambarasan, a history sheeted rowdy was allegedly murdered by the first respondent Police by pelting stones. Aggrieved by the inaction against the erred officials, the deceased mother filed a writ petition before this Court for exhumation of the body to conduct postmorterm. Further, the petitioners held protest against the inaction of the police which led to the present criminal cases against them. However, the Counsel contended that that all the petitioners were innocents and democratically assembled near the Anna statue to make continuous demonstrations against the police officials, which did not amont to offences under the said sections.

Contentions of the Respondents

The Counsel submitted that during the pendency of these petitions, the Police Inspector had completed the investigation, filed a charge sheet before the concerned Court and also assigned C.C. number.

Court’s Analysis and Judgement

The Court observed that at the time of protests there is no prohibitory order in place which prohibited the general public to assemble in a particular area. Therefore, it ruled that in the absence of prohibitory order under Section 144 of Cr.P.C., the assembly of few persons in front of the Anna statue to make demonstration against the respondent police will not amount to commission of the offences under the said sections. In view of the above, the Madras High Court quashed the FIR against the petitioners and allowed their petitions.

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Judgement Reviewed by – Keerthi K

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Title: Arrive Safe Society vs. State of Punjab and others

Decided on: 9th october 2023

CWP-PIL-22-2023 and CWP-11390-2023

Coram: JUSTICE G.S. SANDHAWALIA & JUSTICE HARPREET KAUR JEEWAN

Introduction

Punjab and Haryana High Court orders to Implead union ministry of Home Affairs against roadblock by protestors seeking release of Sikh prisoners in Mohali, upon the suggestion of Advocate General for Punjab to conduct a joint Operation with the assistance of central agencies.

Facts of the case

Quami Insaaf Morcha was sitting on dharna on the road adjoining YPS Chowk from Chandigarh to Mohali which lead to severe traffic issues. The Court had earlier warned that it would get the roads cleared by using force, if necessary. PIL was filed by the Arrive Safe Society in March 2023, alleging that the protest has been going on since January 2023, causing inconvenience to the general public who need medical facilities, and are school-going students. The protestors seek enhancement of punishment in cases of sacrilege with the Central Government, premature release on good conduct of Sikh prisoners, including Balwant Singh Rajoana, a convict in former Punjab CM Beant Singh’s assassination and Devinderpal Singh Bhullar, a 1993 Delhi bomb blast convict.

Court Analysis and Decision

Its observed that various meetings were held with the representatives of Qaumi Insaaf Morcha and the details of demands given by them are:

(i)Enhancement of punishment in cases of sacrilege with the Central Government.

(ii) The State Government and UT Administration shall sympathetically consider the cases of Lakhwinder Singh, Gurmeet Singh, Shamsher Singh and Paramjit Singh Bheora for pre-mature release in accordance with law, in view of their good conduct.

(iii) Cases for pre-mature release of Gurdeep Singh and Devender Pal Singh Bhullar must be taken up with the concerned Governments for expeditious disposal as per law.

(iv) Expeditious conclusion of the trial of cases against Jagtar Singh Hawara and Jagtar Singh Tara.

Efforts are being made to resolve the issues peacefully & amicably and completely lift the dharna in order to clear the road at the earliest. Petitioners submitted that the site in question does not have substantial number of protestors any more and the agitation as such was losing steam. It was contended that rather as a matter of protection, it is the police authorities who are not opening the roads on both the sides and traffic is only being permitted on one side of the divider. Therefore, the Advocate General suggested that it would be appropriate if a joint operation is conducted both by the Chandigarh Police and the Punjab Police with assistance of central government agencies to resolve the matter. Further impleadment of Union of India through Secretary, Ministry of Home Affairs, New Delhi was directed.

Written by- K R Bhuvanashri

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In the absence of prohibitory order under Section 144 of Cr.P.C. the assembly of few persons to protest would not amount to offences under Sections 143 and 120B of IPC: Madras High Court

It would be appropriate if a Joint Operation is conducted with the Assistance of Central Agencies to clear road occupied by protestors seeking release of Sikh Prisoners: Punjab & Haryana High Court