India

Delhi High Court asks Delhi Police to respond to Tajinder Bagha FIR hijacking -by Ecork

Punjab police claimed that the conduct of the Delhi Police was “completely questionable”.

New Delhi:

The Delhi High Court on Tuesday sought a response from the Delhi Police to an appeal from the Punjab Police seeking to clear the FIR of allegedly kidnapping BJP leader Tajinder Pal Singh Baga from his residence here. The High Court has issued a notification to the Delhi Police, the Government of Delhi and Mr. Baga on the petition filed by Manpreet Singh, S.P. Rural, SAS Nagar in Punjab.

Judge Anu Malhotra said the defendants would submit their responses within four weeks and listed the matter for another hearing on July 26.

However, the court has not given notice at this point on another petition by the Punjab government requesting the revocation of two orders issued by the Delhi District Court – to search for Mr. Bagha and his subsequent release from Punjab custody. Police without a hearing.

The Supreme Court, which included the petition on May 26, said it would consider the full history of the case before it could reach any conclusion about issuing a notice on the petition.

On May 6, Punjab police arrested Baga from his Janakpuri residence here, but Delhi police brought him back from Haryana, claiming that their Punjab counterpart had not informed them of the arrest.

After his arrest by Punjab Police in a case related to allegedly making provocative statements and promoting criminal hostility and intimidation, Delhi Police registered an FIR of kidnapping of Punjab Police personnel on 6 May late at night.

Punjab Police, in their plea, claimed that when they arrived at Janakpuri Police Station on 6 May to inform them of Bagha’s arrest, Delhi Police refused to cooperate with them and illegally detained them.

It further said that the Delhi Police had filed a false and fabricated FIR against Punjab Police under Sections 452 ( Trespassing after preparing for wrongful harm, assault or restraint), 392 (burglary), 342 (unlawful confinement), 365 (kidnapping), 295A (Deliberate and malicious acts, intended to arouse the religious sentiments of any class by insulting their religion or religious beliefs) 34 (Common Intent) of the Indian Penal Code (IPC) and obtaining a search warrant by concealing relevant and material facts from the lawful arrest of Mr. Baga The Haryana police subsequently detained Punjab police officials and denied legal custody of the accused.

“Therefore, the illegal means and actions used by the Delhi Police officials along with the Haryana Police officials using the false and fabricated FIR which were used to obstruct the Punjab Police officials from the proper performance of their duties, instead, the complicity of the accused helped in his release from the came in The petition states that “legal detention of Punjab Police officials under the guise of the fabricated story of an accused kidnapped by unknown persons.”

She claimed that the conduct of Delhi Police was totally questionable, illegal, unjustified, contrary and unauthorized, which not only misled the court by helping the accused but also concealed the fact that the person they present as victim in FIR is accused and arrested by Punjab Police in another case.

Senior Advocate Abhishek Manu Singhvi, who represents the government of Punjab, said he was only seeking notice on the petition at this point and claimed that the judge had ordered the release of Mr. Accommodation, natural justice was ignored.

Additional Solicitor General Sanjay Jain, who appeared before the Delhi Police, claimed that the petition of the Punjab Police was inadmissible because the Police Commissioner was not a party to the petition even when serious allegations were made against the force.

“Where is the Punjab Police where to file this petition? They have not been charged in the FIR (kidnapping)…” he said.

Senior Advocate Kirti Uppal, appearing on Mr Baga’s behalf, claimed that Punjab police came here to arrest the BJP leader as if he was a terrorist who was going to escape.

“All the allegations against me do not imprison me for more than three years. Am I a terrorist? You are coming here as if a terrorist is going to escape. This is an effort by a certain political party to show its power.” He argued.

The court, after hearing the parties, said that the Delhi Police Commissioner will be presented as a separate party to the petition.

While refuting the arguments of the other side, Mr. Singhvi said, “Here the ruling party spokesperson and the Delhi Police stand here join in opposing the issuance of a notice on the petition. The entire organ is standing here.” Punjab Police, in its petition, said that the FIR, Search Warrant and Release Order for the aforementioned accused, dated May 6, 2022, passed under duty of association, MM, Dwarka, Delhi, may be set aside by oath. 482 of the Code of Criminal Procedure under the jurisdiction of this court along with all judicial/executive proceedings emanating from the FIR which are in violation of the process of law and inappropriate in the eyes of the law.

On April 1, Punjab police detained Mr. Baga on charges of making provocative statements, promoting hostility and criminal intimidation. The case was registered based on a complaint from the association’s leader Sani Ahluwalia, a resident of Mohali.

The FIR cited Baga’s comments on March 30, when he was part of a BJP youth wing protest outside the residence of Delhi Chief Minister Arvind Kejriwal.

(This story has not been edited by the NDTV crew and is automatically generated from a shared feed.)

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