Vishwas and Bhaga punished for making inflammatory comments against AAP supremo Arvind Kejriwal

Vishwas and Bhaga punished for making inflammatory comments against AAP supremo Arvind Kejriwal

The Punjab and Haryana High Court on Wednesday quashed two separate FIRs registered by the Punjab Police against former Aam Aadmi Party (AAP) leader and poet Kumar Vishwas and Delhi-based BJP leader Tajinder Pal Singh Baga.

The court quashed the FIR against Mr Vishwas for making “inflammatory remarks through an interview” against Delhi Chief Minister and AAP supremo Arvind Kejriwal, in which he allegedly accused Mr Kejriwal of links with “separatist elements”. .

Similarly, the FIR against Mr. Baga related to “making inflammatory remarks” and “criminal intimidation” of Mr. Kejriwal, was quashed. Justice Anoop Chitkara passed the orders in both the cases.

In the case against Mr. Vishwas, Justice Chitkara noted that “the parties do not dispute the fact of the interview and its correctness. The matter requires nothing else to be proved. The veracity of the statements made in the interview is not required to be delved into and considered by the prosecution for trial as the same remains undisputed. The only relevant question that remains to be resolved is whether the petitioner’s ‘interview’ given on February 16, 2022, led to the incident of April 12, 2022.”

“ is an appropriate case for this Court to prevent an abuse of process because the allegations made in the complaint and the investigation contain no material even remotely connecting the incidents, including that of April 12, with the petitioner’s interviews,” the order read. .

During the election campaign for the 2022 Punjab assembly elections, Mr Vishwa reportedly accused Mr Kejriwal of supporting separatists. The case was registered based on the complaint of an AAP supporter who alleged that unknown persons tried to attack him while he was traveling with party supporters in the villages. He claimed the attack was inspired by Mr Vishwas’ interview.

The Punjab Police on April 12 registered a case at the Sadar Police Station in Rupnagar against Mr. Vishwas under various sections of the Indian Penal Code (IPC) – including 153A (promoting enmity between different groups on grounds of religion, race, place etc.), 505 (whoever makes, publishes or circulates any statement, rumor or report) , 120B (criminal conspiracy), in addition to section 125 of the Representation of the People Act (promoting enmity between classes in connection with elections).

During the investigation, the police also probed the incidents of attacks on Chamkaur Sahib on February 18 and other places, which were said to be the outcome of the interview. G.

The order further added: “..supposing all the allegations made in the complaint and further investigation to be taken at face value, however, there is not an iota of evidence of any proximity between the interview and the Chamkaur Sahib incidents. etc., and the one that happened on April 12.”

Quashing the FIR against Mr. Baga, the court pointed out that “it is a fit case where continuation of the criminal proceedings would amount to abuse of the process of law.”

The Punjab Police registered an FIR against Mr. Baga on April 1 under Sections 153A, 505, 505(2) and 506 of the IPC, accusing him of causing incitement, incitement, criminal intimidation, violence and imminent threat to the life of Mr. Kejriwal . and other AAP leaders through his interview given to the media and through his Twitter posts. Mr. Baga criticized Mr. Kejriwal for his statement on the film The Kashmir Files.

The court in its order observed: “..In the given context, the contention of the petitioner that ‘Agar wo maafi nahi mangte to Bhartiya Janta Yuva Morcha ka ye Karyakarta unhe jine nahi dega’ only reasonably amounts to making one’s life miserable by conspiring to nullify the deed”. It added, “The petitioner’s alleged statement is a protest against the statement made by the AAP leader in power in Delhi and Punjab, where the BJP is in opposition. As a political activist and official spokesperson of a political party, as a shadow of the current president, it was within his rights to make the people aware of the response of the opposing political leader. Democracy is all about informing the people and creating feelings, and it would only be an insult if the campaign is full of hate, or involved in malicious activities, or derogatory and vicious statements are made to gain political mileage. According to the petitioner, the film ‘The Kashmir Files’ exposed the genocide of a minority viz. The Hindus, in Kashmir. The petitioner expressed his displeasure as the party in power did not accept his request to exempt the film from tax. It was within his rights to raise such protests.”

The matter grabbed attention when the Punjab police arrested Mr. Baga from his residence in Delhi on May 6, but while the police were on their way to Mohali, the Haryana police stopped them and Mr. Baga was handed over to the Delhi police. A case of kidnapping has been registered by the Delhi Police on the complaint of Mr Bagha’s father. Later, Mr. Baga approached the High Court to quash the FIR.

Source link