HC asks Delhi Police to respond to Punjab Police's plea to quash abduction FIR

The Delhi High Court Tuesday sought the response of Delhi Police on a plea by Punjab Police seeking to quash FIR for allegedly abducting BJP leader Tajinder Pal Singh Bagga from his residenceThe high court issued notice to Delhi Police Delhi government and Bagga on the petition filed by Manpreet Singh SP Rural SAS Nagar in PunjabJustice Anu Malhotra said the respondents shall file their replies within four weeks and listed the matter for further hearing on July 26The court however did not issue a notice at this stage on another petition filed by the Punjab government seeking the quashing of two orders passed by a Delhi district court for search and production of Bagga and his subsequent release from the custody of Punjab Police without giving it a hearingThe high court which listed the petition on May 26 said it would go through the entire record of the case before coming to any conclusion on whether to issue notice on the petitionOn May 6 the Punjab Police had arrested Bagga from his Janakpuri residence here but the Delhi Police had brought him back from Haryana alleging that its Punjab counterpart had not informed it about the arrestFollowing his arrest by the Punjab Police in a case relating to allegedly making provocative statements promoting enmity and making criminal intimidation the Delhi Police registered an FIR of abduction against Punjab Police personnel on May 6 late at nightPunjab Police in its plea claimed that when they reached Janakpuri Police Station on May 6 to inform it about Baggas arrest the Delhi Police refused to cooperate with it and illegally detained themIt further said the Delhi Police lodged a false and fabricated FIR against Punjab Police under sections 452 housetrespass after preparation for hurt assault or wrongful restraint 392 robbery 342 wrongful confinement 365 kidnapping 295A deliberate and malicious acts intended to outrage religious feelings of any class by insulting its religion or religious beliefs and 34 common intention of the Indian Penal Code IPC and obtained search warrant by concealing the relevant and material facts of the lawful arrest of Bagga after which Punjab Police officials were detained by Haryana Police and deprived of the lawful custody of the accusedTherefore the illegal means and procedure used by the Delhi Police officials along with Haryana Police officials by using false and concocted FIR which was used to obstruct the Punjab police officials from duly discharging their duty and rather in connivance assisted the accused in releasing him from the lawful custody of Punjab state police officials under the garb of the fabricated story of accused being kidnapped by unknown personsiquest the petition saidIt alleged that the Delhi Polices conduct is totally dubious illegal unwarranted malafide and unauthorised who not only misled the court by assisting the accused but also concealed the factum that the person whom they are presenting as a victim in the FIR is the accused and has been arrested by the Punjab Police in another caseSenior advocate Abhishek Manu Singhvi representing the Punjab government said he was only seeking issuance of notice on the petition at this stage and contended that the magistrate had passed the order for the release of Bagga without hearing Punjab Police despite the officials standing outside his residence and natural justice was disregardedAdditional Solicitor General ASG Sanjay Jain appearing for Delhi Police contended that the Punjab Polices petition was not maintainable as the Commissioner of Police was not made a party to the petition even when serious allegations have been made against the forceWhat is the locus of Punjab Police to file this petition It was not made an accused in the FIR for abduction he arguedSenior advocate Kirti Uppal appearing for Bagga contended that the Punjab Police came here to arrest the BJP leader as if he was some terrorist who was going to run awayThe entire allegations against me do not incarcerate me for more than three years Am I a terrorist You are coming here as if some terrorist is going to run away This is an effort by a particular political party to show its strength he arguedThe court after hearing the parties said the Commissioner of Delhi Police be impleaded as a separate party in the petitionWhile rebutting the arguments of the other side Singhvi said here the ruling partys spokesperson is involved and the Delhi Police is standing here opposing the issuance of notice on the petition The entire machinery is standing hereThe Punjab Police in its petition said the FIR and the order of search warrants and order of release of the said accused dated May 6 2022 passed by the link duty MM Dwarka Delhi are liable to be set aside under section 482 of CrPC under the jurisdiction of this court along with all judicial executive proceedings emanating from the FIR which are an abuse of process of law and nonest in the eyes of lawOn April 1 the Punjab Police booked Bagga for alleged offences of making provocative statements promoting enmity and criminal intimidation The case was registered on a complaint of AAP leader Sunny Ahluwalia a resident of MohaliThe FIR referred to Baggas remarks on March 30 when he was part of a BJP youth wing protest outside the residence of Delhi Chief Minister Arvind KejriwalThis story has been sourced from a third party syndicated feed agencies Midday accepts no responsibility or liability for its dependability trustworthiness reliability and data of the text Midday managementmiddaycom reserves the sole right to alter delete or remove without notice the content in its absolute discretion for any reason whatsoever