On April 16, the Punjab and Haryana High Court directed the Punjab Government to file a response in connection with a plea by Leader of Opposition and Congress MLA Pratap Singh Bajwa, who has sought the quashing of an FIR registered against him over his recent comments on national television.
Bajwa had allegedly stated during a televised discussion that “50 bombs have reached Punjab”, a remark which led to criminal charges being filed under provisions of the Bharatiya Nyaya Sanhita (BNS). These include:
- Section 353(2) – which pertains to making, publishing or circulating false or alarming information that can promote enmity or ill-will among different communities, and
- Section 197(1)(d) – which deals with imputations or assertions prejudicial to national integration.
The matter was heard by the vacation bench of Justice Deepak Gupta, who issued a notice of motion for April 22, the date set for the next hearing.
“No coercive action shall be taken against the petitioner until the next date of hearing,” the court directed.
Background of the FIR
According to the plea, Bajwa’s remarks were made during a TV talk show aired on April 13, where he was asked about the recent rise in violent incidents across Punjab. The discussion included bomb blasts at multiple sites in the state over the past six months, including an incident at the residence of a former BJP Cabinet Minister in Jalandhar.
In response, Bajwa claimed that the state government was ignoring intelligence alerts, failing to trace explosives allegedly smuggled into India. His statement was intended to urge the government to take corrective action rather than incite fear or unrest, as argued in the petition.
“The Government seems to be sleeping over the Intelligence, as they could not trace out the remaining grenades,” the plea stated, highlighting Bajwa’s concern.
The petition also added that the content of the TV program should be viewed as a wake-up call for the authorities, not a threat to national security.
“The entire recording of the talk-show only highlights and puts the Government on red alert to be vigilant for any further damage to any individual on account of these anti-social activities,” the petition noted.
Through his petition, Bajwa requested:
- Quashing of the FIR under Sections 353(2) and 197(1)(d) of the Bharatiya Nyaya Sanhita,
- Quashing of all proceedings arising from the FIR, and
- A direction to restrain the police from taking coercive action based on a Notice under Section 35(3) of the BNSS.
The case touches on the balance between free speech and public safety, especially when public figures comment on sensitive law-and-order situations.
The High Court has provided interim relief by restraining authorities from taking coercive steps against Bajwa till April 22, when the matter will be taken up for detailed hearing.
Case title: Pratap Singh Bajwa v/s State of Punjab
Counsel for the petitioner: Senior Advocates APS Deol and Vivek Tankha
State counsel- Deepinder Singh Addl. AG, Maninder Singh Sr. DAG. Advocate Farry Sofat
