'No Allegation That He Exhorted Violence' : Supreme Court On 2020 Rioting Case Against Punjab Minister Aman Arora Over AAP Protest

In a rioting case against Punjab Minister Aman Arora (AAP), the Supreme Court today orally opined that mere presence in an unruly group does not per se result in sharing of common intention so as to attract Sections 147/148 of the Indian Penal Code.

The Court also orally commented that there was no allegation that Arora had exhorted violence.

A bench of CJI Surya Kant, Justice Joymalya Bagchi and Justice Vipul Pancholi was dealing with the Chandigarh administration's challenge to a Punjab and Haryana High Court order which quashed the rioting case against Punjab CM Bhagwant Mann, Aman Arora and other AAP leaders.

The case was lodged against the AAP leaders over a protest march in 2020 against electricity tariff hike. The High Court, vide the impugned order, held that no prima facie case existed against the AAP leaders and the alleged offences under IPC were not made out. The Court quashed the FIR and the chargesheet filed under Sections 147 (rioting), 149 (unlawful assembly), 332 (causing hurt to a public servant), and 353 (assault) IPC.

Today, dealing with the Chandigarh administration's challenge to quashing of the case against Aman Arora (and 5 others), Justice Bagchi said,

"Mr Raju, there are cases and cases. We understand what you are saying. [Sections] 147 and 148 added in the cognizance order...there is no over participation...but over-participation is not necessary...however, mere presence per se in an unruly group will also not result in sharing of common intention. 147, 148 is a very dangerous proposition, because the boundaries can be extended to infinity. So we need to be a bit cautious when those offenses are added in the chargesheet."

The judge further commented, "There is no allegation that he had exhorted...then you say he is a member of a political party so we will infer...".

Additional Solicitor General SV Raju, for the UT, contended that the AAP leaders were present in the mob and largest case was to apply. "It is not a case of mere presence...instigation was there...it is a case of trial, not bail...there is prima facie evidence", he urged.

Eventually, the bench re-listed the matter on July 30, alongwith the UT's challenge to the High Court order qua CM Bhagwant Mann. In the said case, the CJI-led bench recently remarked that it was not inclined to entertain the Chandigarh administration's plea. "Everyone does naarebaazi in democracy", the CJI said.

Case Title: U.T. CHANDIGARH v. AMAN ARORA, Diary No. 40158-2026