Bagga arrest: HC asks Delhi Police to reply to Punjab Police plea seeking to quash FIR

Additional Solicitor General Sanjay Jain, representing Delhi Police, earlier submitted that the police commissioner needs to be separately made a party to the case as allegations have been made against the police in the petition filed by SSP (rural), Mohali. Jain submitted that only Delhi state – the prosecution comes under the AAP government – is a party to the case at present.

Bagga is accused by the Punjab Police of fuelling disharmony, unrest and ill will against different religious groups. On May 6, a Punjab Police team took him into custody from his residence in Delhi, but on the way back they were stopped by the police in Haryana, purportedly on receipt of information from Delhi Police regarding a search warrant. The Haryana Police later handed over Bagga’s custody to the Delhi Police, which released him on the basis of a court order. Bagga’s father had filed an FIR alleging that his son was kidnapped soon after he was arrested by the Punjab Police.

The state of Punjab has filed a petition seeking restoration of Bagga’s custody and quashing of the kidnapping FIR, which had become the basis for his release. A separate petition has been filed by SSP (rural) Mohali, Manpreet Singh, for quashing the same FIR. Jain objected to the state of Punjab’s petition on technical grounds and said the police will respond to another petition which only seeks quashing of the FIR. Jain also said the Punjab Police is not an accused in the FIR.

Justice Anu Malhotra, while allowing Jain’s request, said it is considered appropriate to add the police commissioner as a separate respondent in SSP (rural) Mohali’s case and issued notice to him, Bagga and the Haryana Police. The court asked them to respond to the petition challenging the FIR within four weeks and listed it for hearing in July. In respect of the state of Punjab’s petition, the court said it will first go through the record and then decide on whether notice has to be issued or not. The court will hear the case on Thursday.

Senior advocate Kirti Uppal, representing Bagga, submitted that the matter is pending before the Punjab and Haryana High Court. “The entire allegation against me is what? Not more than three years. Am I a terrorist? You are coming here as if some terrorist is going to run away,” Uppal submitted. “A particular political party wants to show their strength. This is a very dangerous trend they are starting,” Bagga’s counsel added.

Senior advocate Abhishek Manu Singhvi, representing the Punjab Police, said that just because a ruling party spokesperson is involved, the Delhi Police is desperate to ensure that the court does not issue notice. “For this one person, this galaxy of people is appearing. I am concerned with the process. This righteous indignation suits a person who has issued these delightful tweets? 40 pages of tweets all with a religious bias or community bias, abusing right, left and centre and the person arguing for them are showing righteous indignation?” asked Singhvi.

Objecting to Singhvi’s submission, Bagga’s counsel submitted, “Don’t say as if he is a terrorist”. Senior advocate Dayan Krishnan, also representing the Punjab side, responded saying, “Don’t play to the gallery!”. Singhvi said he did not use the word ‘terrorist’.

Alleging that the Delhi Police misused entire legal machinery and statutory powers only to protect and shield an accused, the Punjab Police in its petition has approached the court seeking restoration of Bagga’s custody and also quashing of the kidnapping FIR.

Punjab Police has accused Delhi Police and Haryana Police of acting “at the behest of the political leadership” and of using a “false and fabricated” FIR to protect Bagga. Allowing the orders and FIR to continue will lead to abuse of process of law and harassment of the authorised police officials, the Punjab Police argued.

The Punjab Police, in the petition, has alleged that when its team reached Janakpuri police station to intimate local police officials, the Delhi Police illegally detained them till 6 pm and even senior officers visited the room where they were detained but refused to inform the reason of “illegal detention”. Munshi of the station was also commanded to delete the information given by Punjab Police officials, the plea alleged.

It has also alleged that the Delhi Police registered the kidnapping FIR at Janakpuri police station only to “set to naught the arrest and investigation” being carried out against Bagga. Delhi Police officials also obtained a search warrant on the basis of the FIR by “concealing the relevant and material facts of the lawful arrest of the said accused,” the Punjab Police alleged.

“The Delhi Police conduct is totally dubious, illegal, unwarranted, mala fide, unauthorised, who not only misled the Hon’ble Court by assisting the accused but also concealed the factum that the person whom they are presenting as victim in the same FIR is the accused and had been arrested by Punjab Police,” reads the petition filed by Punjab Police.

Haryana Police was asked to detain the Punjab Police midway even before Bagga’s father filed the “false complaint” and “despite numerous requests and showing all the legal documents pertaining to the formalities of arrest, the officials of Haryana Police … illegally detained the team of Punjab Police purely for the political reasons and with a view to wreck political vengeance,” the Punjab Police said further. The lawyers of Punjab Police were also prevented from appearing before the Metropolitan Magistrate, Dwarka court, at her residence in Gurgaon, the petition alleges.

Both Haryana Police and Delhi Police had denied the allegations regarding illegal detention of Punjab Police personnel.