CHENNAI: Placing Lord Rama’s statue at public places without prior permission and performing rituals cannot be construed as unlawful assembly, the Madras High Court observed while setting free a person booked for causing public inconvenience.
"Only if a group of more than five persons gathered with a common objective to resist the execution of any law or legal process or to commit any criminal mischief or criminal trespass by means of criminal force can be construed as unlawful assembly," held Justice GK Ilanthiraiyan.
"In the present case, the accused had not shown any criminal intent to commit any mischief, crime or any offence or by way of criminal force or tried to take possession of a property or right to use of incorporeal right, which is in possession of enjoyment of others or rights," wrote the judge.
While exercising power under section 486 of CrPC (to prevent abuse of the court process while seeking to quash criminal cases), the court should be slow, at the same time, if it finds that the prosecution materials fail to constitute offence against the accused, directing him/her to undergo ordeal of trial will be a futile exercise and infringe upon the right of the person facing charges, held the court.
Petitioner Manikandan moved the HC seeking to quash a criminal case booked against him on the alleged offence of obstructing the general public.
It was submitted before the court that Manikandan and others placed a 12-feet statue of Lord Rama at Sarojini Street, Ramnagar, Coimbatore, and performed rituals without prior permission.
Despite warnings, they continued their activities, causing public inconvenience, alleged the prosecution.
Hence, Kattoor police, Coimbatore, lodged a case against the petitioner and others under section 143 and 341 of IPC for unlawful gathering and obstructing traffic.