HC seeks Chandigarh administration’s affidavit on Madhu Kishwar’s plea to quash FIR

The Punjab and Haryana High Court has sought an affidavit from the Chandigarh Administration on Madhu Purnima Kishwar’s plea seeking quashing of an FIR registered by the Chandigarh Police on the complaint of an advocate, who alleged that “a video clip was being circulated by various social media users with misleading claims of the Prime Minister of the country receiving a face massage by a woman”.

The Court also asked the parties to explain whether Kishwar’s plea for quashing of the FIR could be entertained after her anticipatory bail plea was rejected by another bench of the HC.

“Before proceeding further, this Court deems it appropriate to require the UT Chandigarh to file an affidavit as regards the assertions made in the petition. Parties would also be required to inform the Court as to how, in view of the judgment of a Coordinate Bench in the case of Kuldeep Singh versus State of Punjab and others, decided on May 6, the present petition for quashing of the FIR would be maintainable/entertainable once the anticipatory bail petition filed by the petitioner has been dismissed,” Justice Vikram Aggarwal observed. The case has been listed for August 25.

FIR over social media video

Kishwar had sought quashing of the FIR registered on April 19 at the Sector 26 police station under provisions of the Bharatiya Nyaya Sanhita (BNS) and the Information Technology Act, 2000, on a complaint filed by advocate Satinder Singh.

Appearing before Justice Aggarwal’s Bench on the petitioner’s behalf, senior counsel Kapil Sibal and advocate S.S. Narula, along with other members of the legal team, referred to the social media posts and submitted that the original post had been circulated by certain Twitter users under the name @MehakArora1541.

“The petitioner only responded to that tweet without naming anyone and without saying anything about the Constitutional authority. Senior counsel submits that after this, there was a tweet by one Zubair Mohammed stating that the petitioner’s tweet had implied that the person in the video was the Prime Minister,” the Bench was told.

The senior counsel added that the petitioner immediately responded to the tweet, stating that the person in the video was not likely to be the Prime Minister. “It has been submitted that subsequently, many other people re-tweeted the video clip and many people also came in support of the petitioner, stating that the petitioner had never stated anything about the Prime Minister,” the Court recorded the defence submission.

“Senior counsel submits that even if, for the sake of argument, all allegations in the FIR are believed to be correct, no offence is made out. Senior counsel has referred to each of the Sections in the FIR individually and has submitted that no offence is made out and, therefore, the FIR is liable to be quashed. It has also been submitted that, at best, it is a case of defamation, which is not a cognizable offence,” the Bench recorded.

UT opposes plea, points to anticipatory bail rejection

The Chandigarh Administration opposed the petition at the present stage. The Public Prosecutor, appearing on advance notice, informed the Court that Kishwar’s anticipatory bail petition had already been rejected by a Coordinate Bench on May 29.

A copy of that order was also produced before the Court. The prosecution further submitted that the matter was still at the stage of investigation and, on that basis, contended that the petition for quashing was liable to be dismissed.

Taking note of the submissions, Justice Aggarwal’s Bench directed the Chandigarh Administration to place its response on affidavit.