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Kerala HC quashes wrongful meeting, riot case against Pinarayi Vijayan, 11 other CPI(M) leaders

Kerala Supreme Court has quashed a case of illegal assembly and riots and related proceedings in a magisterial court against Chief Minister Pinarayi Vijayan and 11 other CPI(M) leaders in connection with the 2009 human chain protest against India that trade agreement with ASEAN countries.

Justice Bechu Kurian Thomas quashed the case against CPI(M) leaders, including Prakash Karat, former Kerala Chief Minister VS Achuthanandan and current State Minister for General Education V Sivankutty, saying that no criminal violence had been used by them or the protesters , the protest was not indefinite, normal life was not paralyzed and therefore offenses of illegal assembly or rioting under the IPC were not made.

The case was quashed on the plea filed by the 12 CPI(M) leaders in the Supreme Court. While the Supreme Court quashes the case, the Supreme Court said that just as the leadership of a political party is not immunity from prosecution, the position of the accused does not prevent the court from interfering in an unnecessary prosecution if the alleged offenses are not committed. made from a complaint.

Furthermore, it said in its October 13 order that a protest or gathering of persons without any criminal violence or display of criminal violence would not make the gathering illegal.

“In the present case, there is no allegation of any criminal violence used by any of the accused or any of the members of the said assembly. There is no charge of any common purpose for committing an offense or that the human chain has lasted indefinitely. There is also no question of long-term nuisance or hindrance to the public.

“The complainant (lawyer) has not claimed that the normal life of the community was paralyzed or paralyzed. It is not even alleged that the complainant was hindered. In such circumstances, I believe that the conduct alleged against the petitioners (CPI(M) leaders) does not meet the ingredients of Section 141, IPC, or illegal assembly.” the Supreme Court said.

The case against the CPI(M) leaders was brought on the basis of a private complaint from a lawyer alleging that the protest was an illegal gathering whose members also engaged in rioting.

In an effort to force the central government to withdraw from the ASEAN free trade agreement, the Communist Party of India (Marxist) had decided to form a state-wide human chain in Kerala to be set up along the National Highway.

The human chain is said to have originated over a distance of 500 km, from Kasaragod in the north to Thiruvananthapuram in the south. The Supreme Court said that if dissenting opinions were expressed without causing harm or even significant inconvenience, “it would be too childish to act criminally against the dissenters.”

“Just because the dissent is not acceptable to the majority does not warrant criminal action unless the dissent was accompanied by violent, disorderly or harmful conduct by a member of the assembly,” Judge Thomas said, adding admitted that the case was “abuse of the court’s process and could be disrupted”.

The CPI(M) leaders had argued in their appeal that the charges against them were made with malicious intent and with oblique motives and that the alleged offenses were not substantiated. They had further claimed that the human chain was formed in the exercise of their right under Article 19 of the Constitution of India as a measure to show their protest against an act they believed to be contrary to their beliefs.

Even the prosecution supported the CPI(M) leaders’ allegations and allegations, saying that the alleged offenses were not made and that the case was “politically motivated”.

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