Bagga case: HC seeks Police reply on Pb's plea to quash abduction FIR
New Delhi: 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 residence here.
The high court issued notice to Delhi Police, Delhi government, and 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.
The 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 hearing.
The 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 petition.
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.
It further said the Delhi Police lodged a false and fabricated FIR against Punjab Police under sections 452 (house-trespass 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
accused.