Active Bombs Remark: Punjab & Haryana High Court Says 'No Coercive Action' Against Congress MLA Pratap Singh Bajwa Till April 22

The Punjab and Haryana High Court on Wednesday (April 16) sought Punjab Government's response on Leader Of Opposition (LOP) and Congress MLA Pratap Singh Bajwa's plea seeking quashing of FIR filed against him for charges including misleading information that endangers the country's sovereignty and unity.

Bajwa allegedly said on a TV show that “50 bombs have reached Punjab”.

Vacation bench of Justice Deepak Gupta, while issuing a notice of motion for April 22, said that "no coercive" action shall be taken against the petitioner until the next date of hearing.

Bajwa had moved the high court for quashing the FIR booked under Sections 353 (2) and 197 (1) (d) (Imputations, assertions prejudicial to national integration) of the BNS allegedly on the basis of the statement given on the show.

Section 353(2) states that whoever makes, publishes or circulates any statement or report containing false information, rumour or alarming news, with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.

The petition states that Bajwa was asked on a TV show aired on April 13 about the recent deterioration in the law and order situation in Punjab, which has resulted in bomb blasts at various locations over the past six months, including one at the house of a former Cabinet Minister (BJP) in Jalandhar Town.

In response to the question, Bajwa while giving details of the incidents stated that the present Government seems to be sleeping over the Intelligence, as they could not trace out the remaining grenades which are reported to have been smuggled to India, added the plea.

It stated further that the entire recording of the talk-show only highlights and puts the Government on red alert to be vigilant for "any further damage to any individual on account of these anti-social activities and the Chief Minister should wake up and full up the Intelligence agencies who have failed to trace out the remaining bombs to avoid any further such incidents which have caused fear amongst the citizens of Punjab."

The plea seeks quashing of the FIR lodged under Sections 353 (2), 197(1)(d) BNS, as well as all the subsequent proceedings arising out of the FIR. It further sought direction to not to use any coercive method while exercising its power on his appearance in pursuance to Notice under 35 (3) of BNSS.

Case title: Pratap Singh Bajwa v/s State of Punjab

Counsel for the petitioner: Senior Advocates APS Deol  and Vivek Tankha

State counsel- Deepinder Singh Addl. AG, Maninder Singh Sr. DAG. Advocate Farry Sofat