HC quashes FIR against Himachal Congress leader for using ‘derogatory language’ against PM

The High Court has quashed criminal proceedings against Congress leader Thakur Singh Bharmouri over allegations of using derogatory language against the Prime Minister during an election speech.

Justice Sandeep Sharma allowed the petition and held that continuation of the proceedings would subject the petitioner to unnecessary harassment and a prolonged trial, which was unlikely to result in conviction.

The case arose from a complaint filed on October 3, 2021, by one Surender Singh, a resident of Theog. The complaint was emailed to the Chief Electoral Officer, Shimla, alleging that Bharmouri had made objectionable remarks against the Prime Minister during an election rally.

The complaint was subsequently forwarded to Bharmour police station in Chamba district leading to initiation of FIR proceedings under provisions of the Representation of the People Act, 1951 and the Indian Penal Code, including Section 125 (promoting enmity in connection with elections) and Section 504 IPC (intentional insult with intent to provoke breach of peace).

After examining the record, the court observed that the final report did not contain specific details of the allegedly offensive remarks. There was no credible evidence to show that the petitioner intentionally insulted the Prime Minister with the intent to provoke public disorder. No material was placed on record to establish that the alleged speech resulted in any breach of public peace.

The court further observed that “mere allegations of inappropriate or absurd remarks during a political speech, without supporting evidence, are insufficient to constitute offences under the cited provisions”.