CHENNAI : The Madras High Court quashed proceedings against 15 RSS members, holding that they had assembled only to celebrate the organisation’s 100th year and Vijayadasami, and that unlawful assembly by itself would not amount to the commission of an offence.
Justice Nirmal Kumar observed that the parties had only assembled unlawfully to celebrate the organisation’s 100th year and that no member of the public was affected by it. The court remarked that the persons involved were exercising the rights guaranteed under the Constitution and that unlawful assembly by itself would not amount to an offence.
“A mere reading of the allegations in the final report shows that the allegations are general in nature and no specific allegations have been made against the petitioners to attract the said provisions. Unlawful assembly itself would not amount to the commission of an offence,” the court said.
The petitioners, V Jayapal, A Amulraj, and 13 others from Tirupathur district, sought to quash the criminal proceedings against them. According to the prosecution, they had assembled on October 2, 2025, without prior permission, carrying RSS flags during the organisation’s 100th year celebrations and Vijayadasami event. The Village Administrative Officer alleged that the gathering obstructed the public and traffic and lodged a complaint after they failed to disperse.
A chargesheet was subsequently filed under Sections 1989(3), 223, 126(2), and 293 of the BNS. The petitioners contended that the gathering was small, caused no obstruction as alleged in the FIR, and argued that the final report was filed within nine days of the complaint, indicating a hurried investigation.
The State argued that the unlawful assembly had caused hindrance to public transport and disturbance to the public.
The court noted that the parties had gathered together, which is their fundamental right. No member of the public had lodged a complaint, and no one was affected by the unlawful assembly. The court found that the petitioners had assembled only to celebrate the Vijayadasami festival and the 100th anniversary of their association.
Accordingly, the court allowed the petitions and quashed the proceedings pending before the Additional District Munsif-cum-Judicial Magistrate, Ambur, Tirupattur district, against the petitioners.