HC issues notice to Punjab over BJP leader’s plea seeking quashing of FIR

Bagga, had been booked by Punjab Police under Sections 153-A (Promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony); 505 (Statements conducing to public mischief); 505 (2) (Statements creating or promoting enmity, hatred or ill will between classes); and 506 (Punishment for criminal intimidation) of the IPC, on April 1, 2022. The complaint refers to a statement allegedly made by Bagga which it is alleged constitutes instigation/incitement to cause violence, use of force, imminent hurt to Arvind Kejriwal and other leaders, members of Aam Admi Party in a pre-designed, well planned, orchestrated manner.

Seeking quashing of the FIR, appearing for Bagga, Senior Advocates RS Rai and Chetan Mittal with Advocate Mayank Aggarwal contended that the registration of the FIR is wholly malafide. The complainant has intentionally concealed the actual statement and referred only to some parts of it to get the FIR registered. The counsel for Bagga further contended that ‘there is nothing in the statement which would constitute any offence. There is no intimidation or incitement to violence…the statement has to be appreciated in the context in which it is made. It is only intended to convey that till Kejriwal apologises for his statement which was considered objectionable by the petitioner, protests and demonstrations against him would continue.’

The counsels urged the HC that pending a final decision on the present petition, further investigation in the case be directed to be stayed.
The Bench of Justice Harinder Singh Sidhu, issued notice to the State of Punjab for stay as well, for April 7, 2022. The notice was accepted by Additional Advocate General, Punjab, on behalf of the State.