High Court asks Punjab govt not to take coercive action against Cong leader till Apr 22

Chandigarh: The Punjab and Haryana High Court directed the Punjab government on Wednesday not to take any coercive action against Congress leader Partap Singh Bajwa till April 22 in connection with an FIR lodged against him over his "50 bombs have reached Punjab" remarks.

The bench of Justice Deepak Gupta also issued a notice to the state of Punjab on Bajwa's plea seeking quashing of the FIR registered against him over his statement.

The Congress leader's counsel, A P S Deol, told reporters after the hearing that the court has directed the Punjab government not to arrest Bajwa till the next hearing in the matter on April 22.

"We have challenged the FIR and the state has been asked to respond to the plea on the maintainability of the sections," Deol said.

Bajwa, the leader of Opposition in the Punjab Assembly, has been booked on charges, including misleading information that endangers the country's sovereignty and unity, after being quizzed over his "50 bombs have reached Punjab" claim.

He has been booked under sections 197(1)(d) (false and misleading information that endangers country's sovereignty and unity) and 353(2) (false statements with intent to create enmity and hatred or ill will) of the Bharatiya Nyaya Sanhita (BNS).

Bajwa has filed a petition seeking quashing of the FIR against him.

"In the meantime, though the petitioner shall continue to join the investigation as and when called by the investigating officer of the case, no coercive action shall be taken against him till the next date of hearing. It is further directed that in the meantime, the petitioner will not make any press statement regarding the present case," the court order read.

The petitioner's counsel argued in the court that before registering the FIR under these sections, it was mandatory to conduct a preliminary inquiry.

He contended that being the leader of Opposition in the Assembly, Bajwa was espousing the cause of the public regarding the "deteriorating" law-and-order situation in the state and hence, there could be no question of creating any disharmony.

The counsel submitted that the FIR has been lodged to gag the fundamental right of freedom of speech and expression, guaranteed under Article 19 of the Constitution.