Chandigarh moves SC against HC order quashing 2020 FIR against Punjab CM Mann, others

The Chandigarh administration has approached the Supreme Court to challenge the Punjab and Haryana High Court's order quashing an FIR against AAP leaders, including Punjab Chief Minister Bhagwant Mann.

The Chandigarh administration has approached the Supreme Court challenging the Punjab and Haryana High Court order which quashed a 2020 FIR in an alleged rioting case against several AAP leaders, including Punjab Chief Minister Bhagwant Mann.

On November 29 last year, the high court had quashed the FIR, the chargesheet and all subsequent proceedings against Mann and others in the case.

The FIR, registered in Chandigarh in January 2020, alleged that several Aam Aadmi Party (AAP) leaders, including Mann, and workers had gathered for a protest and the workers were incited to surround the residence of the then chief minister of Punjab.

It was alleged that the leaders and workers started pushing and shoving the police force deployed on the spot during the protest march against hike in electricity tariff.

On Friday, the plea filed by the Union Territory of Chandigarh came up for hearing before a bench of Chief Justice of India Surya Kant and Justices Joymalya Bagchi and Vipul M Pancholi.

The counsel appearing for the Chandigarh administration sought some time saying they would file a petition in relation to some other persons who were granted relief by the high court in the matter.

In its order, the high court had noted that a charge sheet was filed in the case in July 2021 against the petitioners before it for the alleged offences including under Section 147 (punishment for rioting) of the erstwhile Indian Penal Code (IPC).

Before the high court, the counsel appearing for the petitioners, including Mann, had argued that no overt act or injury was specifically attributed to them.

They had also contended that in the absence of any order under section 144 of the CrPC, the police could not have prevented them from protesting peacefully or carrying out the demonstration.

However, the counsel for the Chandigarh administration had argued in the high court that the petitioners along with other protestors were leading an unlawful political protest which had ''turned unruly''.

''There was no reason for the police to stop the protestors from marching ahead towards the chief minister's residence, as admittedly a prohibitory order under Section 144 CrPC (Criminal Procedure Code) had not been issued,'' the high court had noted.

While quashing the case against the petitioners, the high court had said they have not been specifically accused of voluntarily causing any assault, hurt or using criminal force to deter the public servants from discharging duties.