M. SABARINATHAN Vs. STATE

JUDGEMENT

(1.) The petitioner, who is the 4th accused in Crime No. 181 of 2015 of 2015 and who is facing trial in C.C.No.2392 of 2019 for offences under Ss. 143, 332, 506(2), 147, 148, 341, 323, 324, 336, 353 and 34 IPC on the file of the Metropolitan Magistrate VII, George Town, has filed this quash petition.

(2.) The gist of the case is that on 4/2/2015 at about 2.00 p.m. within the jurisdiction of the respondent police, Dr.Ambedkar Government Law College is situated. The petitioner along with the others formed into an unlawful assembly before the Kuralagam Junction showing protest and raising slogans for shifting of the law college from Parry's corner to another place. These persons have squatted on the road, obstructed the traffic and free movement of the public. The Inspector of Police, attached to the respondent police station, along with his men had gone there and informed the petitioner and others that without proper permission, these students, under the leadership of one Panchamoorthy, had caused obstruction to the public and they were asked to disperse.They failed to heed to the advice and warning of the respondent police, thereafter, there was stagnation of traffic and obstruction to public. Thereafter, the petitioner and others were asked to disperse, they failed to heed to their advice. When the protesters were attempted to be moved away, there was commotion. The petitioner along with the others, using sticks, stones and other articles started attacking the police personnel (20 of the police men), who were Armed police and who were present in the scene, got injured and they have also attacked the public. Hence, a case came to be registered. On conclusion of the investigation, charge sheet was filed listing LW1 to LW34 and documents.

(3.) The contention of the learned counsel for the petitioner is that the petitioner was a student of Dr.Ambedkar Law College, Chennai. During the year 2015, at that time, the authorities have decided to shift the college from the Parry's corner, but the purpose, for which, the college was located adjacent to the High Court was for the purpose that the students will have easy accessibility to the Courts to get educated, gain knowledge about the functioning of the Court and also get guidanceof the advocates and Seniors. The attempt to shift the college to an isolated place was causing great inconvenience to the students, who are the future advocates. The students were not consulted before shifting of the college and it was suddenly announced. Hence, there was spontaneous protest from the students. Admittedly, more than 150 students have gathered, shown their protest, so that, the authorities would reconsider the decision of shifting the college. The Armed Reserved Police Battalion was deployed, who without any provocation used force, caused lathi charge, wherein, several of the students got injured. The entire incident is a creation of the respondent police. As far as the students are concerned, they were peacefully showing their protests by way of demonstration to the people. Further, submitted that there was more than 150 students, for what reason, only 16 of them have been charge sheeted, these persons name, identity, how the police was aware of is not known. The police, in a partisan manner, conducted the investigation. Further, in this case, though it is alleged that 20 of the Armed Reserved Police have been injured, none of got treatment and there is no contemporary medical records to show that they were injured.The seizure shown from the scene of occurrence are common articles, normally available. In this case, major of the witnesses are police personnel and the other witnesses, are pavement vendors, obliging witnesses. The petitioner has now, completed his law course and when he applied for enrollment, at that time , he was informed about the pendency of the above case against him and he was not aware of the case earlier. Further, the petitioner enrollment is withheld due to the above case and his dream of becoming an Advocate and to make his livelihood and to come up in the profession, have become questionable one.