PM Modi Never Came Forward To Lodge Complaint: Himachal Pradesh High Court Quashes FIR Against Congress Leader For Abusive Remarks Against PM Modi
Court quashed the FIR noting that the contents of the complaint lodged by the BJP member were not specific, and were rather vague and evasive.
Justice Sandeep Sharma, Himachal Pradesh High Court
The Himachal Pradesh High Court has quashed an FIR against a senior Congress leader for allegedly making derogatory remarks against Prime Minister Narendra Modi, holding the vague accusations of “absurd” and "uncalled for" speech do not constitute a criminal offense without specific descriptions of the language used. The Court emphasised that for a charge of promoting enmity to stand, the prosecution must provide indubitable facts showing an attempt to incite hatred between different
Regarding Section 504 IPC, the Court noted that the contents in the complaint, were not specific, and were rather vague and evasive. Furthermore, considering that the complaint was filed by a Bharatiya Janta Party member, and not by the Prime Minister himself, the Bench remarked ‘Interestingly, the person, who was allegedly intentionally insulted by the petitioner, thereby being provoked to breach the public peace or commit any other offence, never came forward to lodge a complaint...".
Justice Sandeep Sharma noted, “Leaving everything aside, main ingredient to invoke Section 504 of Indian Penal Code is totally missing in the case at hand. No material worth credence has been adduced on record to suggest that petitioner intentionally, with a view to cause public disruption, hurled abuses and made uncalled for remarks against the Hon’ble Prime Minister”.
Advocate P.P. Chauhan appeared for the petitioner and Rajan Kahol & Vishal Panwar, Additional Advocates General appeared for the respondents.
The petitioner, Thakar Singh Bharmouri, a senior Congress leader, was booked following an email complaint by a Bharatiya Janta Party office bearer to the Chief Electoral Officer. The complainant alleged that during an election rally on October 3, 2021, the petitioner used abusive and "absurd" language against the Hon’ble Prime Minister, purportedly violating the Model Code of Conduct and statutory provisions.
As per the complainant, petitioner, during election rally, not only used abusive language against the Hon’ble Prime Minister, but also hurled abuses, however, no specific description, if any, with regard to absurd remarks allegedly used by the petitioner has been given in the final report under Section 173 Cr.P.C, rather Investigating Agency in its report submitted under Section 173 Cr.P.C has verbatim reproduced the contents of FIR.
Consequently, an FIR was registered at Police Station Bharmour, Chamba, under Section 125 of the Representation of the People Act, 1951, and Section 504 IPC.
While the investigating agency had filed a final report (challan) under Section 173 Cr.P.C. in the Court of the Chief Judicial Magistrate, Chamba, the petitioner approached the High Court seeking the quashing of the FIR and all subsequent proceedings. The petitioner contended that the FIR was a reproduction of vague allegations and lacked the specific descriptions necessary to satisfy the ingredients of the charged offenses.
The Court observed that the High Court’s inherent power under Section 528 of the Bharatiya Nagrik Suraksha Sanhita (formerly Section 482 Cr.PC) must be exercised to prevent the judicial process from being used as a weapon of harassment in cases where a conviction is highly unlikely.
The Court observed that to invoke Section 125 of the Representation of the People Act, the prosecution must prove an attempt to promote enmity between different classes of citizens on specific grounds like religion or race.
“…there is no allegation that while using absurd language and hurling abuses at the Hon’ble Prime Minster of India, petitioner ever attempted to promote enmity or hatred between different classes of citizens of India on the grounds of religion, race, caste, community or language, rather he, during election rally, made certain utterances against the Hon’ble Prime Minister of India, which though can be said to be totally uncalled for, but may not be sufficient to constitute offence under Section 125 of the Representation of the People Act”, the Bench noted.
“…in the instant case, there is no allegation that while using absurd language and hurling abuses at the Hon’ble Prime Minster of India, petitioner ever attempted to promote enmity or hatred between different classes of citizens of India on the grounds of religion, race, caste, community or language, rather he, during election rally, made certain utterances against the Hon’ble Prime Minister of India, which though can be said to be totally uncalled for, but may not be sufficient to constitute offence under Section 125 of the Representation of the People Act. No material worth credence has been adduced on record suggestive of the fact that pursuant to use of absurd remarks and hurling of abuses by the petitioner, any feelings of enmity or hatred arose between different classes of citizens of India that too on the grounds of religion, race, caste, community or language”, the Single Judge Bench further noted.
The Court allowed the petition, quashing FIR and all consequent proceedings pending adjudication. The petitioner was formally acquitted of the charges, and the Bench directed that the petition and all pending applications be disposed of accordingly.
Cause Title: Thakar Singh Bharmouri v. State of H.P. & Ors. Cr. MMO No.623 of 2025
Appearances:
Petitioner: P.P. Chauhan, Shikha Rajta, Urvashi Rajta, and Tara Devi, Advocates.
Respondents: Rajan Kahol & Vishal Panwar, Additional Advocates General, Vinod Chauhan, Advocate.