Punjab High Court quashes FIRs in opposition to Kumar Vishwas, Tajinder Pal Singh Bagga
5 min readExpress News Service
CHANDIGARH: In a significant embarrassment to the Bhagwant Mann-led AAP authorities, the Punjab and Haryana High Court on Wednesday quashed two separate FIRs registered in opposition to former AAP chief Kumar Vishwas and BJP chief Tajinder Pal Singh Bagga by the state police quickly after AAP got here to energy within the state.
Both Vishwas and Bagga have been booked in April by the Punjab Police. While the cost in opposition to Vishwas included his inflammatory statements in opposition to AAP’s nationwide convener and Delhi CM Arvind Kejriwal, Bagga was booked on the costs of constructing provocative statements, selling enmity and legal intimidation.
A Punjab Police workforce went to arrest Bagga from his residence in Delhi. But it was stopped by the Haryana Police in Kurukshetra whereas being taken to Punjab. He was introduced again to the nationwide capital by Delhi Police hours later.
The single-judge bench of Justice Anoop Chitkara handed two separate orders quashing the FIRs. “The facts and circumstances peculiar to this case, the court’s non-interference would result in a miscarriage of justice. Thus, the court invokes the inherent jurisdiction under Section 482 CrPC and quashes the FIR and all subsequent proceedings against the petitioner,” the decide stated in his order within the case of Vishwas.
In the Bagga case, the decide stated, “It is a case where the continuation of criminal proceedings shall amount to an abuse of the process of law.” The court docket then quashed the FIR and all subsequent proceedings.”
The state police on April 20 visited Vishwas’dwelling in Ghaziabad and summoned him for questioning. The court docket discovered no substance within the costs made in opposition to him.
On the cost of selling enmity, the court docket noticed that even when each phrase of the FIR and the assertion within the Vishwas’ interview is taken as a gospel reality, it can nonetheless not represent any offence beneath part 153-A of the IPC, because the ingredient of culpability and intention was lacking. The decide quoted former Prime Minister Jawaharlal Nehru and Benjamin Franklin, one of many founding fathers of the USA, in his order stating that there can’t be any democracy with out freedom of selection and free speech.
“At the stroke of midnight, apart from liberty, we got azadi of choice and azadi of free speech and of expression; and we took a great leap forward by endorsing democracy, ushering in equality and dignity, ensuring infinite opportunities to preserve and spearhead this fantastic diversity till eternity,” noticed the decide.
In the case of BJP chief Bagga, the decide stated Section 153-A of the IPC applies when an individual promotes enmity between teams primarily based on faith, race, place of origin, residence, language, and so forth., and acts prejudicial to sustaining concord. Meanwhile, Vishwas and Bagga thanked the judiciary.
Punjab and Haryana HC cites freedom of speech
Both Vishwas and Bagga have been booked in April by the Punjab Police. While the cost in opposition to Vishwas included his inflammatory statements in opposition to AAP’s nationwide convener and Delhi CM Arvind Kejriwal, Bagga was booked on the costs of constructing provocative statements, selling enmity and legal intimidation
CHANDIGARH: In a significant embarrassment to the Bhagwant Mann-led AAP authorities, the Punjab and Haryana High Court on Wednesday quashed two separate FIRs registered in opposition to former AAP chief Kumar Vishwas and BJP chief Tajinder Pal Singh Bagga by the state police quickly after AAP got here to energy within the state.
Both Vishwas and Bagga have been booked in April by the Punjab Police. While the cost in opposition to Vishwas included his inflammatory statements in opposition to AAP’s nationwide convener and Delhi CM Arvind Kejriwal, Bagga was booked on the costs of constructing provocative statements, selling enmity and legal intimidation.
A Punjab Police workforce went to arrest Bagga from his residence in Delhi. But it was stopped by the Haryana Police in Kurukshetra whereas being taken to Punjab. He was introduced again to the nationwide capital by Delhi Police hours later.
The single-judge bench of Justice Anoop Chitkara handed two separate orders quashing the FIRs. “The facts and circumstances peculiar to this case, the court’s non-interference would result in a miscarriage of justice. Thus, the court invokes the inherent jurisdiction under Section 482 CrPC and quashes the FIR and all subsequent proceedings against the petitioner,” the decide stated in his order within the case of Vishwas.
In the Bagga case, the decide stated, “It is a case where the continuation of criminal proceedings shall amount to an abuse of the process of law.” The court docket then quashed the FIR and all subsequent proceedings.”
The state police on April 20 visited Vishwas’dwelling in Ghaziabad and summoned him for questioning. The court docket discovered no substance within the costs made in opposition to him.
On the cost of selling enmity, the court docket noticed that even when each phrase of the FIR and the assertion within the Vishwas’ interview is taken as a gospel reality, it can nonetheless not represent any offence beneath part 153-A of the IPC, because the ingredient of culpability and intention was lacking. The decide quoted former Prime Minister Jawaharlal Nehru and Benjamin Franklin, one of many founding fathers of the USA, in his order stating that there can’t be any democracy with out freedom of selection and free speech.
“At the stroke of midnight, apart from liberty, we got azadi of choice and azadi of free speech and of expression; and we took a great leap forward by endorsing democracy, ushering in equality and dignity, ensuring infinite opportunities to preserve and spearhead this fantastic diversity till eternity,” noticed the decide.
In the case of BJP chief Bagga, the decide stated Section 153-A of the IPC applies when an individual promotes enmity between teams primarily based on faith, race, place of origin, residence, language, and so forth., and acts prejudicial to sustaining concord. Meanwhile, Vishwas and Bagga thanked the judiciary.
Punjab and Haryana HC cites freedom of speech
Both Vishwas and Bagga have been booked in April by the Punjab Police. While the cost in opposition to Vishwas included his inflammatory statements in opposition to AAP’s nationwide convener and Delhi CM Arvind Kejriwal, Bagga was booked on the costs of constructing provocative statements, selling enmity and legal intimidation
