The Madras High Court has quashed criminal proceedings initiated against 15 members of the Rashtriya Swayamsevak Sangh (RSS) who had gathered in Ambur during Vijayadasami celebrations and the organization's centenary year event. The Court held that there was no material to show that the gathering caused public disturbance or violated any properly communicated prohibitory order.
Justice M. Nirmal Kumar passed the order on April 28, 2026, while allowing a petition filed by V. Jayapal and others seeking quashing of the case pending before a Judicial Magistrate in Tirupattur district.
Background of the Case
According to the prosecution, the petitioners assembled on October 2, 2025, carrying RSS flags to mark Vijayadasami and the 100th year celebration of their organization. Authorities alleged that the gathering was held without prior permission and caused obstruction to public movement and transportation.
Based on a complaint lodged by the Village Administrative Officer, police registered a case and later filed a charge sheet for offences under various provisions of the Bharatiya Nyaya Sanhita (BNS), 2023.
The petitioners challenged the proceedings before the High Court, arguing that the gathering was peaceful and that no member of the public had complained of inconvenience or disturbance.
Counsel for the petitioners contended that the prosecution relied only on official witnesses, including the Village Administrative Officer, village assistants and the investigating officer. No independent eyewitnesses were cited.
It was further argued that the final report had been filed within a few days of the complaint, indicating a hurried investigation. The petitioners also maintained that there was no evidence showing the existence or communication of any prohibitory order on the date of the event.
After examining the records, Justice M. Nirmal Kumar noted that the petitioners had assembled as part of a celebration and that no public complaint had been received regarding the gathering.
The Court observed,
“The petitioners gathered together which is their fundamental right.”
The judge further noted that the allegations in the charge sheet were general in nature and did not contain any specific acts attributable to the accused persons.
Referring to earlier rulings protecting the right to protest and assemble peacefully, the Court stated that merely participating in an assembly would not automatically amount to the commission of an offence.
The Court also found it significant that although the alleged occurrence took place in a public place, the prosecution had not examined any independent public witness. It further observed that there was no material showing that any prohibitory order had been promulgated and communicated to the public.
“The allegations are general in nature and no specific allegations are made against the petitioners to attract the said provisions,” the Court recorded.
Holding that the prosecution had failed to establish any concrete public disturbance or legal violation, the High Court concluded that continuing the criminal proceedings would amount to an abuse of the process of law.
Accordingly, the Court allowed the criminal original petition and quashed the proceedings in STC No. 282 of 2026 pending before the Additional District Munsif-cum-Judicial Magistrate, Ambur, as against all the petitioners.
Connected miscellaneous petitions were also closed.
Case Details
Case Title: V. Jayapal & Others v. State Rep. by Inspector of Police & Another
Case Number: CRL OP No. 10849 of 2026
Judge: Justice M. Nirmal Kumar
Decision Date: April 28, 2026
