Delhi HC Seeks Response Of Delhi Police To Petition Filed By Punjab Police To Quash FIR Regarding Arrest Of Tejinder Pal Bagga
Delhi High Court today issued notice on the petition filed by the Punjab Police seeking to quash the FIR registered by Delhi Police in the matter related to the BJP leader Tejinder Pal Singh Bagga and the orders passed by the trial court.
High Court also asked for the Commissioner of Delhi Police to be arrayed as a party in the matter.
The Single Judge Bench of Justice Anu Malhotra heard the submissions of Senior Advocate Abhishek Manu Singhvi for the Punjab Police, who sought issuance of notice in the matter.
He submitted that, "I am seeking issuance of notice, objectionable tweets were made on 1st April making clear statements about religion and politics."
He also pointed out that, "Punjab Police came to Delhi and made the arrest and when they were returning, they were stopped in Karnal by the Delhi Police."
Singhvi also pointed out that the orders of the trial court were passed without hearing the submissions of the Punjab Police which goes against the principles of natural justice.
Counsel appearing for Delhi Police submitted that the petition be dismissed since the Punjab Police has filed a writ petition asking for a writ of Certiorari be issued, disguised as a petition under Section 482 of the Code of Criminal Procedure. Another objection raised by the Delhi Police seeking dismissal of the petition is that there is a wrong statement in the petition that no other matter is pending before the court.
The Counsel for the Respondents also submitted that the guidelines given by Justice Muralidhar regarding the procedure to be followed by the police of one state to make an arrest in another state were not followed.
Earlier this month, Tajinder Bagga was arrested by a team of Punjab Police from his residence in Delhi. It was alleged by Bagga's father that he was punched by a Punjab Police officer while he tried to videograph the arrest of his son. The arrest was made based on FIR registered in Punjab for tweets by Bagga against Delhi Chief Minister and AAP leader Arvind Kejriwal. The arrest of Bagga lead to a storm on social media alleging that Arvind Kejriwal was targeting the BJP leader for political criticism, using the Punjab Police.
There were protests in various parts of Delhi. The Delhi police registered an FIR for abduction, on a complaint by Bagga's father. The Delhi Police then moved the Dwaraka Court and obtained a search warrant. The search warrant was sent to the Haryana Police. The police party taking Bagga to Mohali in Punjab was stopped by Haryana Police at Kurukshetra and Bagga returned to Delhi with the Delhi Police.
Subsequently, the Punjab and Haryana High Court stayed the arrest of BJP leader Tajinder Pal Singh Baggatill July 6.