Bagga Case: Delhi HC Asks Delhi Police To Respond To Punjab Police’s Plea To Quash Abduction FIR

On 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 Mohali. The FIR referred to Bagga’s remarks on March 30, when he was part of a BJP youth wing protest outside the residence of Delhi Chief Minister Arvind Kejriwal.

On 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 arrest. Following 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 night. 

Punjab Police, in its plea, claimed that when they reached Janakpuri Police Station on May 6 to inform it about Bagga’s arrest, the Delhi Police refused to cooperate with it and illegally detained them.

Now, the Delhi High Court has asked the Delhi commissioner of police to respond to Punjab Police’s petition seeking quashing of the FIR registered by Delhi Police earlier this month at Janakpuri police station in connection with the arrest of BJP leader Tajinder Pal Singh Bagga. Additional Solicitor General Sanjay Jain, representing Delhi Police, earlier submitted that the police commissioner needs to be separately made a party to the case as allegations have been made against the police in the petition filed by SSP (rural), Mohali. Jain submitted that only Delhi state, the prosecution comes under the AAP government, is a party to the case at present.

The court issued notice to Delhi Police, Delhi government, and BJP leader Tejinder Pal Singh Bagga on the petition filed by Manpreet Singh, SP Rural, SAS Nagar in Punjab.Justice Anu Malhotra said the respondents shall file their replies within four weeks and listed the matter for further hearing on July 26.

Senior 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 disregarded. On the other hand, senior advocate Kirti Uppal, appearing for BJP leader Tejinder Pal Singh Bagga, contended that the Punjab Police came here to arrest the BJP leader as if he was some terrorist who was going to run away.

The court, after hearing the parties, said the Commissioner of Delhi Police be impleaded as a separate party in the petition. 

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