Punjab & Haryana HC stays arrest of Kumar Vishwas in criminal case

|HT|

The Punjab and Haryana high court on Monday stayed the arrest of former Aam Aadmi Party (AAP) leader and poet Kumar Vishwas in a criminal case registered against him by Punjab Police in Rupnagar on April 12. Vishwas was booked for promoting enmity between groups, criminal conspiracy, publishing or circulating a news report with intent to create enmity on the grounds of religion and race besides the Representation of People Act on the complaint of Narinder Singh.

The high court bench of justice Anoop Chitkara observed that the penal provisions under which the petitioner stands arraigned are not prima facie made out against him. “Given the submission that the FIR is politically motivated cannot be ruled out. Even if all the allegations made in the complaint and the prompt investigation, which has covered almost all aspects, are hypothetically believed as gospel truth, still prima facie the evidence collected does not disclose the commission of any cognizable offence qua the petitioner,” the bench said, granting a stay on his arrest. On April 27, the high court heard counsel from both sides and reserved the order on interim protection from arrest till Monday on the plea from Vishwas, seeking quashing of the FIR. The plea alleged that it was a case of sheer abuse of the process of law and termed it politically motivated. “The FIR and the proceedings emanating there from are mala fide and a blatant attempt to breach the petitioner’s fundamental right of freedom to speech. The manner in which the investigating agency is proceeding, it is apparent that it is trying to curtail the liberty of the petitioner by adopting a procedure unknown to law,” the plea alleged.

The allegations are that Vishwas made provocative statements against Aam Aadmi Party (AAP) national convener Arvind Kejriwal in an interview, claiming his involvement with nefarious and anti-social elements. It was also alleged that Vishwas made statements during the course of the recent Punjab elections to create unrest and communal instability. Vishwas had claimed that after the elections, the AAP came to power with a thumping majority and immediately thereafter, with a clear intent a series of complaints and FIRs have been registered against its political opponents just to harass them. The plea also referred to FIRs against BJP leaders Navin Kumar, the media in-charge of Delhi BJP, Priti Gandhi, the BJP Mahila Morcha in-charge of Maharashtra, and Delhi BJP leader Tejinderpal Singh Bagga, after the AAP came to power in Punjab.

“The FIR has been registered to wreck vengeance against political opponents,” the plea said.

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