Punjab and Haryana HC reserves verdict on Kumar Vishwas’ plea

Saurabh Malik

Chandigarh, April 27

After hearing lengthy arguments on granting interim relief to former AAP leader and poet Kumar Vishwas, the Punjab and Haryana High Court on Wednesday reserved its verdict in the matter.

Vishwas had moved the High Court against the State of Punjab for quashing an FIR registered on April 12 against him on the allegations of issuing provocative statements and other offences.

As the matter came up for preliminary hearing, Justice Anoop Chitkara of the High Court issued notice of motion to the State and other respondents before hearing the arguments on interim order and reserving the verdict.

Among other things, Vishwas had submitted that the FIR was not only “utter abuse of the process of law, but also apparent misuse of the State machinery to wreck vengeance against political opponents and amounts to unconstitutional attempt to breach the fundamental right to speech”.

He added the allegations against him in the FIR were that he gave provocative statements against AAP’s national convener Arvind Kejriwal in interviews from February 16 to February 19 alleging his involvement “with certain nefarious and anti-social elements”.

Vishwas submitted it was alleged that the statements were made during the course of Vidhan Sabha elections to create unrest and communal instability across Punjab. The alleged statements subjected AAP leaders and workers to violence. He added the basis of the FIR was an alleged incident of April 12. It was alleged that 10-12 unknown 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 levelled in the complaint.

Senior advocates Randeep Rai and Chetan Mittal with counsel Mayank Aggarwal, Rubina Virmani and Karan Pathak appeared for the petitioner. The State of Punjab was represented by senior advocate Puneet Bali with counsel Prashant Manchanda and law officers V.G. Jauhar and H.S. Multani. Senior advocate Vinod Ghai with counsel Kanika Ahuja, Kirti Ahuja, Edward Augustine George and Mahima Dogra appeared on the complainant’s behalf.

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