The Madurai Bench of the Madras High Court quashed the FIR against seven Hindu Munnani members arrested for an August 2025 protest in K Pudur, ruling that peaceful protest is a democratic right and demonstrations cannot be criminalised.
The Madurai Bench of the Madras High Court quashed an FIR against seven members of the Hindu Munnani who were arrested for holding a protest in K Pudur, Madurai, in August 2025.
Justice L Victoria Gowri issued this order in response to a petition from the cadre, arguing that their assembly was peaceful and misrepresented in the FIR as an illegal protest.
Justice Gowri highlighted that Articles 19 (1) (a) and 19 (1) (b) of the Constitution safeguard the rights to freedom of speech and expression alongside the right to assemble peacefully without arms.
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She noted that the Supreme Court has consistently recognized peaceful protest as a democratic right, emphasizing that criminal charges cannot be pursued unless the alleged actions clearly fit the definition of a penal offense.
In her observations, she pointed out that the FIR only stated that the petitioners participated in a protest by their organization without any claims of violence, obstruction, public disturbance, or nuisance.
Justice Gowri concluded that the registration of the FIR seemed to lack proper consideration and that the charges did not apply to the petitioners. Consequently, she allowed the petition and dismissed the FIR against them.
The petitioners explained that on August 10, members of the Religious Harmony Federation had arranged a protest at K Pudur in connection with a split verdict on the Thiruparankundram animal sacrifice case, issued by a division bench of the high court on June 24.
Although the Hindu Munnani also requested permission for a gathering on the same day and location, the police authorized the federation’s protest while denying approval to the Hindu group, resulting in the filing of an FIR against approximately 85 of its members for ‘unlawful assembly’.
- Article 19(1)(a) guarantees the Right to Freedom of Speech and Expression.
- It gives every citizen the freedom to express their views, share opinions, speak, write, publish, and communicate freely, subject to reasonable restrictions like public order, decency, security of the state, etc.
Article 19(1)(b) guarantees the Right to Assemble Peacefully and Without Arms.
- It allows citizens to gather, protest, hold meetings, and express collective opinions peacefully, again subject to reasonable restrictions imposed for public order, sovereignty, and integrity of India.
Article 19(1)(b) is not an absolute right.
The Constitution itself allows the State to impose reasonable restrictions on this right under Article 19(3).
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