Going on hunger strike not suicide attempt, rules HC

CASE AGAINST SL REFUGEE QUASHED

Going on hunger strike not suicide attempt, rules HC

TIMES NEWS NETWORK

Chennai:19.02.2021 

Making it clear that resorting to a hunger strike as protest does not amount to attempt to suicide inviting punishment under Section 309 of IPC, the Madras high court has quashed criminal proceedings initiated against a Sri Lankan refugee lodged in a special camp.

“The mere fact that the petitioner has protested by sitting on hunger strike will not attract the offence under Section 309 of IPC. Even if the material available on record are taken as it is, it does not constitute an offence under Section 309 of IPC,” Justice Anand Venkatesh said.

The issue pertains to a plea moved by P Chandrakumar seeking to quash criminal proceedings initiated against him for attempt to commit suicide. According to the prosecution, he was detained at the Special Camp, Poonamallee, where he resorted to hunger strike for eight days.

Therefore, the jurisdictional police registered an FIR for offence under Section 309.

Allowing the plea, the court said the Poonamalee court, which kept the proceedings pending, should have taken cognizance within a period of one year since the offence itself is punishable for a maximum period of one year. However, the trial court has taken cognizance after nearly three years without assigning any reasons, which is barred by CrPC.

“In view of the above, no useful purpose will be served in keeping the proceedings pending. Therefore, the proceedings in on the file Judicial Magistrate No.II, Poonamallee, is hereby quashed,” the court said.