Case against Oppn MLA, MP for staging road blockade stayed

Chennai

Observing that the police cannot mechanically FIR with no intention of proving the charges, the Madras High Court on Thursday stayed the trial against DMK MLA Senthil Balaji, Congress MP S Jothi Mani and 17 others for staging a blockade on the Karur-Coimbatore Road alleging irregularities in the counting of votes and declaration of results in K Paramathi Panchayat Union in Karur.

When the plea seeking to quash the proceedings came up, Justice N Satish Kumar wondered as to how the police intended to sustain their charge. Less said, the better, noted the court about the mechanical manner in which such cases were registered and investigated, and refused to acknowledge public prosecutor A Natrajan’s submission that the assembly was unlawful and that the charge sheet has eyewitness accounts of how the road was blocked for two hours affecting vehicular traffic, including ambulances.

Pointing out that none had complained about being affected by the road blockade, the judge said the police should to improve their probe while registering such cases and not file a namesake FIR wherein conviction was not possible as the charges cannot be established.

The court then stayed further proceedings against the MLA and MP after conceding to their counsel’s submission that the prosecution has failed to establish common intent, use of criminal force and wrongful restrainment of the public (IPC Section 354). Directing the State to file its counter, the judge posted the plea for further hearing to January 18.