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Synopsis

The Punjab & Haryana High Court on Wednesday quashed FIR filed against Bharatiya Janata Party leader Tajinder Pal Singh Bagga for asking Delhi Chief Minister Arvind Kejriwal to apologise for his comments on Kashmiri Hindus.

The Court said that being a political activist and an official spokesperson of a political party, Bagga was well within his rights to protest against the statement made by the leader of the political party in power in Delhi and Punjab.

A bench of Justice Anoop Chitkara noted, "Merely because the language used by the petitioner is unrefined, it shall not be sufficient to import hatred, detestation, or slander to its contents. There is nothing in the statement to take the speech as an insult or threat, or an attempt to vilify the members of the targeted group or that it stigmatized them."

The order has been passed in a plea filed by Bagga seeking direction to quash FIR filed against him during the release of the movie 'The Kashmir Files".

Bagga had stated that various State Governments granted Entertainment Tax exemptions to the movie, and when a similar demand of concession was made for Delhi, Chief Minister Arvind Kejriwal, in the State’s Assembly not only refused to grant any such concession but allegedly also mocked the authenticity of the movie’s storyline.

Bagga had also criticized the statement of Arvind Kejriwal and demanded an apology for mocking the plight of Kashmiri Hindus.He had stated that BJP’s youth wing will continue demonstration till Arvind Kejriwal apologizes by making a statement that the genocide of Hindus that had taken place in Kashmir was not a hoax.

The bench took note of Bagga's comment against CM Kejriwal on his alleged statement about the authenticity of the genocide of Hindus projected in the movie “The Kashmir Files”.

Court noted that Bagga reacted by saying in an interview in the following terms:

 “Aaj jo unhone kaha hai uske liye unhe maafi mangni chaiye. Agar wo maafi nahi mangte to Bhartiya Janta Yuva Morcha ka ye Karyakarta unhe jine nahi dega. Hum sab tab tak apna pradarshan jaari rakhenge jab tak vo is desh ke Hinduoon se maafi nahi maang lete, ye kehne ke liye ki es desh ke Hinduoon ka narsanhaar hua tha Kashmir mein wo jhutha tha” (In case CM Kejriwal does not tender an apology, then young workers of BJP will not let him live, and they will continue their demonstrations till he apologizes for saying that the genocide of Hindus committed in Kashmir was a lie).

In view of the above, the bench opined that "The phrase, 'Jeene nahi doonga' could not be seen independent of the entire statement made by the petitioner. The phrase precedes the petitioner’s warning of incessant protests, in case apology is not tendered".

The court further held that every post of Bagga will not give territorial jurisdiction to State of Punjab to investigate in the guise of the present FIR for comments on Arvind Kejriwal on Kashmir Files & genocide of Kashmiri Hindus.

Justice Chitkara observed, "A perusal of such tweets show that same are part of a political campaign. There is nothing in the investigation that the petitioner’s statement created or would have created any communal hatred. Thus, even if all the allegations made in the complaint and subsequent investigation from social media posts, are true and correct at face value, they would not amount to a hate speech, and no case against the petitioner is made out."

The bench, acoordingly, held that "it is a fit case where the continuation of criminal proceedings shall amount to an abuse of the process of law, and the Court invokes its inherent jurisdiction under section 482 CrPC and quashes the FIR."

Case Title: Tejinder Pal Singh Bagga Vs. State of Punjab and another