The Punjab and Haryana High Court, which quashed the FIR registered against former AAP leader Kumar Vishwas for allegedly levelling imputations about the involvement of Delhi Chief Minister Arvind Kejriwal with certain nefarious and anti-social elements, on Wednesday said, “The petitioner being a social educator, while sharing the alleged exchange that took place with his ex-associate, cannot be said to have spewed the venom.” FIR and allegations against Vishwas An FIR was registered against Vishwas on a complaint by Narinder Singh. He alleged that on February 16, 2022, during the Vidhan Sabha elections Vishwas gave a video interview in which he levelled imputations about the involvement of Kejriwal with certain nefarious and anti-social elements. Singh alleged that to provoke and abet violence against the workers and supporters of AAP, Vishwas deliberately stated in his interview pointing towards Delhi CM, “One day he told me not to worry because either he would become chief minister of an independent state… On this, I (Kumar Vishwas) confronted him by saying this is separatism, the referendum of 2020 is coming, and the world is funding it, from ISI to the separatist groups… He said, so what, then, he would become prime minister of an Independent country. Look so much separatism is in this man's thoughts to form government and acquire power at whatever cost.” It was alleged that to satiate his personal enmity and hatred, Vishwas gave this proactive video interview to news channels. The SIT formed by Punjab Police examined the incidents of assaults at Chamkaur Sahib on February 18, and other places, which were stated to be its outcome. As per Singh’s complaint on April 12, 2022, around 12 pm near T-Point Panjola, Purkhali road, when he was returning with his fellow party workers, a group of 10-12 unknown persons waylaid them and tried to assault and manhandle them. They seemed furious about the victory of AAP in the Vidhan Sabha elections and called them names like 'Khalistani', 'gaddar' and raised slogans 'Kejriwal Mann ki Sarkar Hai Hai', 'Khalistani Sarkar Hai Hai', 'Punjab Khalistan Nahi Banega'. Reasoning and analysis of HC while quashing FIR The bench of Justice Anoop Chitkara after hearing the matter said, “The incidents of February 18, 2022, at Chamkaur Sahib, would have a separate cause of action. This occurrence is not even mentioned in the complaint because the complainant was unaware of it at the time of making the complaint. Further during the investigation, the investigator has linked the incident, which had occurred at a different place, under a different scenario, on a much earlier date, with the incident of April 12, 2022, at Panjola in District Rupnagar. There is no proximity between the two. “Suppose all the allegations made in the complaint and the subsequent investigation are taken at the face value; still, there is not even an iota of evidence of any proximity between the interview and the incidents of Chamkaur Sahib, etc., and the one that had taken place on April 12, 2022, which are distinct criminal acts, and are neither an outburst of the interview of the petitioner given on February 16, 2022, nor did such interview snowball to make it happen.” Citing Jawaharlal Nehru’s inaugural address of August 14, 1947, Justice Chitkara added, “It has always been India's quest to flirt with new ways for self-realisation. Her vivacity and dynamism can be greatly attributed to an environment of diversity and freedoms abound; the freedom to be an atheist, an antagonist, or a believer; choice to practice beliefs of karmas, re-birth, detachment, or to the other extreme of Charvaka school; to become disciples of Jain Munis, Naga Sadhus, Nathpanthis, Siddhacharas, or Yogis; to decipher and perceive independently the descriptions on the structure of Khajuraho temple, to follow bhakti movement spearheaded by Chaitanya Mahaprabhu, and dohas of Sant Kabir… At the stroke of midnight, apart from liberty, we got azadi of choice and azadi of free speech and of expression; and we took a great leap forward by endorsing democracy, ushering equality and dignity, ensuring infinite opportunities to preserve and spearhead this fantastic diversity till eternity.” Justice Chitkara said, “There cannot be any democracy without freedom of choice and free speech…In a democracy, it is the pre-election times when people’s information matters the most. The petitioner being a social educator, while sharing the alleged exchange that took place with his ex-associate, cannot be said to have spewed the venom.” Thus holding that it is a fit case for this court to prevent the abuse of the process of law because the allegations made in the complaint and the investigation do not contain any material which even remotely links the incidents, including that of April 12, with the interviews of the petitioner, the HC allowed the FIR quashing plea of Kumar Vishwas.
