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Leading Peaceful, Non-Violent Procession Is A Fundamental Right: Kerala High Court Quashes Criminal Proceedings Against Ex-MLA

Leading peaceful and non violent procession is a fundamental right under Article 19(1)(a) and 19(1)(b) of the Constitution of India, the Kerala High Court observed while quashing criminal proceedings against former MLA Dominic Presentation. A criminal case offence under Secs 143, 147, 283 r/w 149 of the Indian Penal Code was registered against the former legislator in 2018 for causing obstruction to the general public and vehicles by conducting the procession in allegiance to the human rights protection procession led by V.M.Sudheeran KPCC president in protest of arrest of two ‘dalith’ girls in Thalssery. By filing a petition under Section 482 CrPC before the High Court, the Ex-MLA contended that holding a peaceful and orderly demonstration by way of protest is an exercise of fundamental rights guaranteed under Article 19(1)(a) and 19(1)(b) of the Constitution of India.

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