HC quashes case against VCK leader Thirumavalavan

PTI, Jul 26, 2022, 12:36 PM IST

he Madras High Court has quashed a case against Viduthalai Chiruthaigal Katchi (VCK) founder Thol Thirumavalavan for ”unlawful assembly” in connection with an anti-farm laws protest and is pending before a special court in the city.

The Lok Sabha MP had been booked for staging a protest here earlier against the now withdrawn three contentious Central farm laws and the case was pending before a special court for Trial of Criminal Cases relating to MPs and MLAs.

In his recent order, Justice N Sathish Kumar said ”continuing the prosecution is a futile exercise and if the entire allegation in the final report is taken together, it would not constitute an offence.” The allegation in the final report was that when prohibitory orders were in force, the petitioner (Thirumavalavan) during the Covid-19 pandemic, along with other accused unlawfully assembled here and raised slogans against the Central government demanding withdrawal of the 3 farm laws and also made other demands.

They were also booked under a city police act regulating processions.

Discussing the definition of ”unlawful assembly,” the court said only when the assembly fits into any of the specific circumstances, could it be construed as unlawful.

”The materials collected by the prosecution do not show that the accused had shown any criminal force to commit any mischief, crime or any offence or by way of criminal force or tried to take possession of the property or right to use of incorporeal right which is in possession of enjoyment of others or rights,” the judge said.

The court also pointed out at the petitioner along with other accused being charged under Section 269 of the Indian Penal Code (IPC) on the ground that they unlawfully assembled when the spread of covid-19 was at its peak, unmindful of the fact that they may catch the virus and may be a carrier for it.

”To attract an offence under section 269 IPC, only when the accused are likely to spread the infection of any disease dangerous to life, they shall be prosecuted under this section.” ”It is not the case of the prosecution that the accused is already infected with Covid-19 or their assembly in the public place would likely to spread the disease and hence, the offence under section 269 IPC also shall not be attracted against the accused,” the judge ruled.