The Chandigarh administration has moved the Supreme Court challenging the Punjab and Haryana High Court order that quashed a 2020 FIR in an alleged rioting case against many Aam Aadmi Party (AAP) leaders, including Punjab Chief Minister Bhagwant Mann.
On November 29 last year, the High Court had set aside the FIR, chargesheet, and all further proceedings against the Punjab Chief Minster and others in the case. The FIR was registered in Chandigarh in January 2020. It stated that AAP leaders, including Mann, along with party workers, had came together for a protest and were incited to surround the residence of the then Chief Minister of Punjab.
It was further alleged that during the protest against the electricity tariff hike, the leaders and workers pushed and shoved police personnel deployed at the site. On Friday, the petition filed by the Union Territory of Chandigarh was heard by a bench headed by Chief Justice of India Surya Kant, along with Justices Joymalya Bagchi and Vipul M. Pancholi.
The counsel for the Chandigarh administration sought time, stating that they would also file a plea related to other persons who were granted relief by the High Court in the same case.
As per the High Court order, a chargesheet was filed in July 2021 against the petitioners for offences including Section 147 (rioting) under the erstwhile Indian Penal Code.
Before the High Court, the petitioners’ counsel, argued that no specific overt act or injury had been attributed to them. They also argued that in the absence of any order under section 144 of the CrPC, they could not be stopped from holding a peaceful protest or demonstration. However, the Chandigarh administration’s counsel argued before the High Court that the protest had turned unlawful and became unruly.
The High Court observed that there was no justification for stopping the protest march towards the Chief Minister’s residence, as no prohibitory order under Section 144 CrPC had been issued.
While quashing the case, the High Court said the petitioners were not specifically accused of using criminal force, causing injury, or assaulting public servants while discharging their duties.
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