HC stays Kumar Vishwas’ arrest
CHANDIGARH: The Punjab and Haryana high court on Monday stayed the arrest of former Aam Aadmi Party (AAP) leader and poet Kumar Vishwas in a criminal case registered against him by the Punjab Police in Rupnagar on April 12.
Meanwhile, Congress leader Alka Lamba on Monday approached the high court seeking quashing of the FIR. The case was lodged against Vishwas, and later Lamba was summoned to join the investigation.
Vishwas was booked for promoting enmity between groups, criminal conspiracy, publishing or circulating a news report with intent to create enmity on the grounds of religion and race besides the Representation of People Act on the complaint of Narinder Singh.
The high court bench of justice Anoop Chitkara observed that the penal provisions under which the petitioner stands arraigned are not prima facie made out against him.
“Given the submission that the FIR is politically motivated cannot be ruled out. Even if all the allegations made in the complaint and the prompt investigation, which has covered almost all aspects, are hypothetically believed as gospel truth, still prima facie the evidence collected does not disclose the commission of any cognizable offence qua the petitioner,” the bench said, granting a stay on his arrest.
On April 27, the high court heard counsels from both the sides and reserved the order on interim protection from arrest till Monday on the plea from Vishwas, seeking quashing of the FIR. The plea alleged that it was a case of sheer abuse of the process of law and termed it politically motivated.
The allegations are that Vishwas made provocative statements against AAP national convener Arvind Kejriwal in an interview, claiming his involvement with nefarious and anti-social elements. The court observed that in the interview, Vishwas had made the statements way back in mid-February 2022.
“Any detailed discussions might prejudice the outcome of the final verdict; as such, this court refrains and restrains from expressing any more at this stage,” the bench further observed posting the matter for further hearing on July 4.