Chennai: The Madras high court has stayed the criminal proceedings pending before the District Munsif-cum-Judicial Magistrate, Vedharanyam, Nagapattinam district, against 92 persons, who were affected by Gaja cyclone, for conducting agitations on November 18, 2018, against the state government for not providing the basic needs.
Justice G.K. Ilanthiraiyan granted the interim stay and ordered notice to the state government, on the petitions filed by Rajendran and 91 others, who sought to quash the criminal proceedings pending against them.
Petitioners counsel P. Vijendran submitted that on November 15 and 16, 2018, the Gaja cyclone had caused heavy damage to four districts more particularly its starting point of Vedharanyam and Thalaingaiyuru in Nagapattinam.
All the trees were uprooted, huts and house roofs were dismantles, electric posts fell down, and the village became like a desert. The cyclone also destroyed the standing crops, cattle etc. Students lost their study materials. Therefore, the people were standing like refugees with no drinking water, food, dress, houses and electricity. The state should have undertaken serious and effective steps to restore normalcy and at least provided the basic amenities. The state government failed to act as per the provisions of the Disaster Management Act.
Therefore, the villagers gathered and indulged in protest against the state government. But on the instigation of higher ups, the VAO lodged a complaint and the police registered FIRs against the villagers and final report was also filed before the District Munsif/Judicial Magistrate, Vedharanyam, he added.
He contended that the occurrence took place on November 18, 2018. But the complaint was given only on November 22, 2018. Though the VAO's office was nearby the place of occurrence there was 4 days delay in giving the complaint. This shows the VAO has no personal knowledge or intention to give the complaint.
But it was given at the instigation of political higher ups. In so far the agitation in Thalaingaiyuru was concerned, the reason for the agitation was the local minister’s interview to the media that no damage was caused to Thalaingaiyuru area. The local people got agitated and indulged in protest.
It was not tolerated by the local minister and therefore, he asked the striking force to enter into the houses and thrashed the male members and arrested them. Thereafter, they were released after 45 days, he added.
