HC quashes criminal case registered against NEET protester

Madurai: Observing that the right to protest is well recognised if the same does not end in any violation, the Madras high court has quashed the criminal case registered against a man who participated in a protest against NEET at Madurai district in 2017.
The court was hearing the petition filed by Anandasamy, who sought to quash the FIR registered against him by the Thilagar Thidal police.
The case of the prosecution is that the petitioner, a member of an organisation called ‘Makkal Athikaram’ along with others on November 2, 2017, unlawfully assembled and staged a protest against NEET and over the suicide of medical aspirant Anitha. The petitioners also raised slogans against the central and state governments.
Justice G Ilangovan observed that several demonstrations/agitations took place across the state against NEET. The petitioner along with others staged a protest by raising slogans. Though they had staged a protest without proper permission, no untoward incident or criminal act was followed after the protest, as per the FIR.The judge observed that the offence under Section 143 (unlawful assembly) could not be brought in the case, as no material was collected during the course of investigation to show that a prohibition order was in effect during the time of protest.
Though the petitioner does not deny that he took part in the protest, he contended that his was not mentioned in the FIR.
Taking into account that there was no prima facie materials against the petitioner, the judge allowed the petition and quashed the FIR registered against him.