It’s a major respite for Bagga against whom arrest warrants were issued by a Mohali court on Saturday. With this, the police would not be able to arrest him in this case.
Justice Anoop Chitkara of the HC passed these orders while hearing the petition filed by Bagga challenging the arrest warrant issued by Mohali court on Saturday.
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While representing Bagga, senior advocate RS Rai contended that Bagga has been wrongly involved in the FIR at the instance of the members of Aam Adami Party (AAP) with an ulterior motive to settle scorers for political gains.
Rai argued that the gravity of the alleged offence is not serious, no recovery is to be effected from the petitioner, no custodial interrogation is required, the respondent state (Punjab government) out of sheer political vendetta prejudicing the liberty of the petitioner as provided under the constitution are illegally attempting to arrest after having failed in their attempt on May 6.
The FIR is a clear abuse of process of law as the same has been registered at an alien jurisdiction that is at Mohali whereas the alleged incident took place at Delhi and is based on an edited and manipulated statement allegedly given by the petitioner, HC was informed.
The court was also informed that Bagga has already filed a petition seeking quashing of the FIR and the same is pending before the HC for hearing on Tuesday. Counsel also contended that the notices served by the Punjab police in relation to the case were duly responded. However, in an illegal manner the Punjab police officials on May 6 put Bagga in the vehicle and attempted to take him away. His father was also assaulted and maliciously outraged religious feelings of the petitioner.
“The only allegation made against the petitioner is that he made a statement during political debates on electronic media on April 30, 2022. The perusal of the entire FIR reveals that no case is made out in respect of sections invoked in the FIR. Moreover, the alleged statement was in public domain and was made on an electronic media platform which is beyond the control of the petitioner,” the counsel had argued.
The counsel representing the Punjab government, however, strongly objected to the petition.
After hearing all the parties, the judge restrained the Punjab police from taking any coercive action against Bagga in this case. Now the matter would come up for further hearing on May 10.