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The HC said peaceful assembly and expressing solidarity with Palestinian people don’t constitute criminal offences under Indian law unless accompanied by violence or illegal acts
The High Court allowed the criminal original petition and quashed the pending trial before the magistrate court, confirming that peaceful political expression remains legally protected. File pic
The Madras High Court has quashed a criminal case registered against 14 individuals booked for allegedly holding an unlawful gathering and raising slogans in support of Palestine. Justice GK Ilanthiraiyan held that peaceful assembly and expressing solidarity with the Palestinian people do not constitute criminal offences under Indian law unless accompanied by violence or illegal acts.
Court Rules Sloganeering Is Not an Offence
Allowing a petition filed by PP Mohamed and 13 others, the High Court observed that compelling the accused to undergo trial when no crime was disclosed would be a futile exercise. The court emphasised that continuing such a prosecution would infringe upon the fundamental rights of individuals.
“If the entire materials collected by the prosecution taken as a whole would not constitute any offence, then directing the parties to undergo the ordeal of trial will be a futile exercise,” the judge stated, adding that the actions of the petitioners failed to satisfy the essential ingredients of an unlawful assembly.
Background of the Gudalur Incident
The case originated from an incident on 5 October 2025 in Gudalur, The Nilgiris district. According to the prosecution, the 14 accused assembled at around 6:00 pm to voice support for Palestinians and condemn ongoing military actions in the region.
Local police subsequently registered a case against them under Sections 189(2) and 126(2) of the Bharatiya Nyaya Sanhita (BNS), which relate to unlawful assembly and wrongful restraint. Following the investigation, police filed a charge sheet before the Judicial Magistrate, Gudalur, prompting the petitioners to approach the High Court for relief.
Absence of Criminal Force or Restraint
Examining the final report, the High Court found no evidence that the group used criminal force, caused public mischief, damaged property, or wrongfully restrained any person.
- No Unlawful Object: The bench clarified that a gathering becomes an “unlawful assembly” only when its common goal involves criminal force, mischief, or illegal acts. Raising slogans peacefully does not meet this statutory threshold.
- No Wrongful Restraint: The court ruled that the charges under Section 126(2) of the BNS were completely unsubstantiated, as no individual was obstructed or deprived of their freedom of movement.
The High Court allowed the criminal original petition and quashed the pending trial before the magistrate court, confirming that peaceful political expression remains legally protected.
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Ask News18The Madras High Court ruled that peaceful assembly and expressing solidarity with the Palestinian people do not constitute criminal offences under Indian law unless accompanied by violence or illegal acts. Justice GK Ilanthiraiyan observed that directing the parties to undergo a trial when no crime was disclosed would be a futile exercise and would infringe upon their fundamental rights.
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Pathikrit Sen Gupta is a Senior Associate Editor with News18.com and likes to cut a long story short. He writes sporadically on Politics, Sports, Global Affairs, Space, Entertainment, And Food. He tra…Read More
September 13, 2026, 06:10 IST
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