Punjab And Haryana High Court Stays BJP Leader Tajinder Bagga's Arrest Till July 6; No Stay On Investigation

The Punjab and Haryana High Court today stayed the arrest of BJP Leader Tajinder Pal Singh Bagga till July 6. This development comes three days after the High Court had, in a midnight hearing, directed the police not to take any coercive action again him till May 10.

The Bench of Justice Anoop Chitkara was hearing Bagga's plea againt an order of the Local Court in Punjab (SAS Nagar) issuing a non-bailable arrest warrant against him in connection with a case registered against him under Section 153-A, 505, 505 (2), 506 of IPC.

However, the Punjab Police has been given the liberty to continue its investigation in the case and has asked Bagga to cooperate in the probe. The Court directed that in case the police want to investigate the matter, they can go to Bagga's house twice before the next date (July 6).

"It is clarified that in case the police want to interrogate the petitioner, it shall do so only at the place of his residence at Delhi and that too, only twice before the next date of hearing. The petitioner shall be interrogated only for one hour each time between 10-00 a.m. to 5-00 p.m in the presence of his counsel. The investigation team shall not consist of more than three persons and it shall be led by an officer, not below the rank of an IPS officer. The police report under Section 173 CrPC shall also not be filed till the next date of hearing," the Court further ordered.

The Advocate General, Punjab submitted before the Court that they need to place on record additional documents, and in the meantime, he assured the Court that the arrest warrants against the petitioner shall not be executed till the next date.

In view of this, the Court ordered that no coercive steps shall be taken against him till the next date of hearing (July 6). The matter is likely to be heard FINALLY on July 6.

The case against Bagga and a brief background

The FIR against him was registered on April 1 (at the instance of AAP leader Sunny Ahluwalia) in connection with his remarks made on March 30, when he was part of a BJP youth wing protest outside the residence of Delhi Chief Minister Arvind Kejriwal. Several tweets made by him also form part of the allegations. 

Now on May 6, the Punjab Police arrested Bagga in morning, however, with the intervention of the Harayana Police and on the strength of a Delhi Court's order, Delhi Police was able to bring Bagga back to Delhi in the evening after taking him under their Custody from Thanesar police Station, Kurukshetra (Haryana).

Thereafter, on May 7, the Punjab Government moves an application before a local court seeking an order issuing or arrest warrant against Bagga. Issuing a non-bailable arrest warrant against Bagga, the court termed the release of Bagga from Punjab Police's Custody as 'illegal'.

The Court also took into account the contents of the application, Section 41-A CrPC notices issued to the accused by the Investigating Agency and the FIR against Bagga, and remarked thus:

"(The) accused is residing out of State i.e. Delhi and has failed to appear before the Investigating Agency despite the issuance of notices under Section 41-A CrPC...Additionally, investigating team also went to Delhi on 06.05.2022, to arrest the accused, and the accused was arrested from his house and intimation qua his arrest was given to the father of the accused. Kuljinder Singh, DSP along with police party went to police station Janakpuri, New Delhi to give necessary intimation qua the arrest of the accused. However, no DDR entry was made by the concerned police station. When the police party was bringing accused, so as to be produced before the Court at Mohali, the police party was stopped by Kurkshetra Police and they took the police party to PS Thanesar Sadar. At about 02:30PM, Sh. Parshant Gautam, IPS, Additional DCP-1, West New Delhi, came along with police force and got released the accused forcibly and illegally."

Read more about the Court's order: "He Was Released From Custody Of Punjab Police Illegally": Punjab Court Issues Arrest Warrant Against BJP Leader Tajinder Bagga

Soon thereafter, Bagga moved the High Court and in a hearing conduct at midnight, the High Court ordered the Punjab State to not take any co-ercive action againt him till May 10.

Case title - TEJINDER PAL SINGH BAGGA v. STATE OF PUNJAB AND ANOTHER

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