The HC, in its order, observed that there were specific allegations against the accused.When the top court started hearing Babu and his son’s appeal, it found that the ingredients of the offences invoked in the case were entirely absent.”There is no material to suggest that there was any undue influence at elections, impersonation at elections or any act committed with the intention to interfere with the free exercise of electoral rights,” said the apex court in its 17-page verdict, a copy of which was accessed by TNIE.While giving a clean chit to them, the apex court added, “Further they do not suggest that any act was committed on a road or in an open place within the limits of a town that caused inconvenience, annoyance or posed a risk of danger or inquiry or damage to the public, and do not disclose any of the eight specified actions under Section 34 of the Police Act, 1861.”The top court went on to add that on the contrary, the accused were exercising their right to protest.“The appellants were exercising their right to freedom of speech and expression and to assemble peacefully. Therefore, no purpose will be served by continuing the prosecution,” the apex court further said.While commenting on the HC verdict, the SC said that the HC erred in concluding that there were specific allegations against the appellants and that there were no tenable grounds to quash the proceedings.
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