Promoting Enmity Charge: Punjab and Haryana High Court notice to Punjab on BJP leader’s plea

Chandigarh, April 6

The Punjab and Haryana High Court today put the state of Punjab on notice on a petition filed by BJP leader Tejinder Pal Singh Bagga for quashing an FIR registered for promoting enmity between different groups on a complaint lodged by Dr Sunny Singh Ahluwalia, Lok Sabha incharge and spokesperson of the Aam Aadmi Party (AAP).

The FIR in the matter was registered at a Mohali police station on April 1 under Sections 153-A, 505, 505(2) and 506 of the IPC.

Appearing for the petitioner, senior advocates RS Rai and Chetan Mittal with counsel Mayank Aggarwal contended that the complaint referred to a statement allegedly made by the petitioner, “which, it is alleged, constitutes instigation/incitement to cause violence, use of force, imminent hurt to Arvind Kejriwal and other leaders and members of AAP in a pre-designed, well-planned, orchestrated manner”.

Rai and Mittal, among other things, contended that the registration of the FIR was wholly malafide. The complainant had intentionally concealed the actual statement and referred only to some parts of it to get the FIR registered.

They contended that there was nothing in the actual statement, reproduced in the petition, which would constitute an offence. There was no intimidation or incitement to violence. The statement was required to be appreciated in the context in which it was made. “It was 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”.

Issuing notice of motion for April 7, Justice Harinder Singh Sidhu also issued notice regarding stay. —