The Supreme Court on Thursday indicated that it was not inclined to entertain the Chandigarh administration's petition challenging the quashing of a criminal case registered against Punjab Chief Minister Bhagwant Mann and other Aam Aadmi Party (AAP) leaders over a protest march held in 2020 against a hike in electricity tariffs. The observations came during the hearing of the administration's appeal against an earlier order of the Punjab and Haryana High Court, which had set aside the criminal proceedings.
A bench comprising Chief Justice of India Surya Kant, Justice Joymalya Bagchi, and Justice V. Mohanawas heard the matter. During the proceedings, the court observed that raising slogans during a democratic protest is a common feature of public demonstrations, remarking that "everyone does naarebaazi in democracy." The bench indicated that it was not persuaded to interfere with the High Court's decision to quash the case.
The Chandigarh administration had approached the apex court seeking to revive the criminal case after the Punjab and Haryana High Court ruled in favour of the AAP leaders. The case stemmed from a protest march organised in 2020 against the increase in electricity tariffs, during which an FIR had been registered alleging offences including rioting and unlawful assembly. The High Court had subsequently concluded that the criminal proceedings were not sustainable and ordered the case to be quashed.
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Appearing for the Chandigarh administration, Additional Solicitor General S.V. Raju argued that the High Court erred in setting aside the FIR and sought intervention from the Supreme Court. However, the bench's observations suggested that it was not inclined to reopen the matter, signalling relief for Bhagwant Mann and the other accused leaders. A detailed order from the court was awaited.
The case relates to demonstrations organised by AAP before it came to power in Punjab, when the party was actively protesting issues including electricity tariffs and governance. The protest in question had resulted in the registration of criminal charges, which the accused later challenged before the High Court. The High Court's decision to quash the FIR effectively brought an end to the criminal proceedings, prompting the Chandigarh administration to approach the Supreme Court.
The Supreme Court's observations reinforce the importance of protecting democratic expression while balancing the need to maintain public order. Although the court has not delivered a final judgment on the administration's plea, its indication that it is disinclined to interfere with the High Court's ruling provides significant relief to Bhagwant Mann and the other AAP leaders named in the case. Further proceedings, if any, will depend on the court's final order.
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