Punjab and Haryana High Court dismisses FIR and rioting case against CM Bhagwant Mann and other AAP leaders, citing no Section 144 order or evidence.

A rioting and unlawful assembly case against Punjab Chief Minister (CM) Bhagwant Mann and other Aam Aadmi Party (AAP) leaders was recently dismissed by the Punjab and Haryana High Court.

In 2020, after Mann and others staged a protest march over an increase in electricity rates, Chandigarh Police filed a case.

A water cannon purportedly prevented the AAP leaders and workers from encircling the then-Punjab chief minister’s home, which resulted in stones being thrown at the police.

Mann and other leaders petitioned for the FIR to be quashed, and Justice Tribhuvan Dahiya granted their request on November 29. The Court held that as no prohibitory order had been issued in accordance with Section 144 of the Code of Criminal Procedure (CrPC), there was no justification for the police to stop the demonstrators.

Also read : Harpal Singh Cheema Meets 47 Unions, Assures Worker Welfare Measures

“Among those in attendance who allegedly threw stones at the police, no one has been identified. Furthermore, the petitioners did not request that they do so. The Court further stated, “Neither the nature of the petitioners’ alleged instigation nor any particular words or gestures have been attributed to them.”

As a result, it stated, there was no reason to blame the petitioners for the claimed stone-throwing by the mob. Additionally, the Court ruled that there was no evidence of rioting or assaulting police officers.

Water being sprayed on them following the District Magistrate’s orders seems to have been the direct cause of the mob’s rage and behavior. The officials’ injuries include abrasions, discomfort, and swelling, which may have been caused by the crowd pushing and jostling in an attempt to advance. It reasoned that the investigative body had also failed to produce any evidence suggesting a clear role for the petitioners in this regard.

The Court further stated that as no prohibitory orders had been issued, the offenses of violence by unlawful assembly could not have been used in this instance.

Unlawful assembly is obviously a prerequisite for offenses under Sections 146 and 149 of the Indian Penal Code. Furthermore, as Section 144 prohibitory orders had not been issued, the respondent’s argument that the protestor assembly that employed force was illegal is not supported by the current petitions. Therefore, it cannot be claimed that the elements of any of the alleged offenses have been shown, even on a prima facie basis, against any of the petitioners,” the statement stated.

Also read: CM Bhagwant Mann Unveils State’s Largest Ever Road Development Plan

As a result, the Court dismissed the chargesheet and FIR against Mann and other AAP leaders.

A related FIR filed by Chandigarh Police in 2021 against AAP MLA Aman Arora and other party officials in relation to their protest demonstration over the Lakhimpur Kheri event in Uttar Pradesh was also dismissed by the court.

Mann and other AAP leaders were defended by Senior Advocate Anmol Rattan Sidhu, along with Advocates Pratham Sethi, Sandhya Gaur, Varun Sharma, Kanishkh Swaroop, Kritima Sareen, and Raghav Gulati.

The UT Chandigarh was represented by Public Prosecutor Manish Bansal and Additional Public Prosecutors Viren Sibal and Rajiv Vij.