'Political bias can't be ruled out', High Court stays Kumar Vishwas' arrest

Tribune News Service

Chandigarh, May 2

In an embarrassment for the Punjab Government, the Punjab and Haryana High Court today said former AAP leader and poet Kumar Vishwas’ contention that the FIR against him was “politically motivated” could not be ruled out.

Petitioner's submission

The (petitioner's) submission that the FIR is politically motivated cannot be ruled out. — Justice Anoop Chitkara, Punjab & Haryana HC

The assertion came as Justice Anoop Chitkara stayed further proceedings with regard to Vishwas, including his arrest. Vishwas had moved the court for quashing the FIR registered against him on April 12. Senior advocates RS Rai and Chetan Mittal contended that the petitioner was accused of making provocative statements against AAP national convener Arvind Kejriwal in interviews from February 16 to 19 alleging his involvement “with certain nefarious and anti-social elements”. It was further alleged that the statements subjected AAP leaders and workers to violence. On April 12, 10-12 unidentified persons restrained, waylaid, tried to assault and manhandled the complainant and others by pushing them into a corner.

The FIR was registered within two hours of receiving the complaint, apparently without preliminary inquiry or investigation to confirm the veracity of allegations.

Justice Chitkara asserted: “The penal provisions under which the petitioner stands arraigned are not prima facie made out against him. The submission that the FIR is politically motivated cannot be ruled out. Even if all 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 cognisable offence qua the petitioner.”

Justice Chitkara said the filing of complaint, naming the petitioner as the principal accused, did not appear to have been done to seek action against a legal injury. The complainant clubbed the incident occurring at a different place under a different scenario on a much earlier date with the April 12 incident at Panjola in Ropar district.

The lack of proximity between the two and the fact that the petitioner was indisputably not one of the 10-12 unidentified persons could not be ignored. A perusal of the complaint and the investigation did not point out that the petitioner’s interviews triggered the later incidents.

The arraigning of petitioner by linking his interviews with the stray incident occurring after eight weeks fell in the category of exceptional cases where non-interference would result in a miscarriage of justice. As such, it was a perfect case to disrupt and stay the continuation of the investigation and further proceedings.

“It is a fit case for this court to prevent the abuse of the process of law because the allegations made in the complaint and the investigation carried out by associating the spot witnesses do not contain any material that even remotely links the incident of April 12 with the interviews of the petitioner,” Justice Chitkara concluded.

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