‘Snatching of Tajinder Bagga from Punjab Police custody resulted into mockery of criminal justice system’

“If such kind of incidents are not discouraged by the Constitutional Courts, the same will give encouragement to conflicts between the States run by different political parties and will cause a serious dent on the federal structure of the country,” read the application filed by the Punjab Police through a affidavit submitted by Sukhnaaz Singh, DSP, City – 1, Mohali.

The application has been submitted before a Bench of Justice Harinder Singh Sidhu of Punjab an Haryana High Court. The bench was hearing Bagga’s plea for quashing an FIR registered against him by Punjab Police in Mohali for allegedly making inflammatory statements against Delhi Chief Minister Arvind Kejriwal as well as his petition against the arrest warrants issued by a Mohali court.

The HC had earlier granted relief to Bagga ordering that no coercive steps shall be taken against the BJP till July 6. On Wednesday, the HC extended the relief till August 4.

Bagga was booked by the Punjab Police’s cyber crime unit on April 1. A team of 50 police personnel from Punjab arrested Bagga from his West Delhi residence on May 6. The Punjab Police personnel bringing Bagga to Mohali were intercepted by their Haryana counterparts at Kurukshetra. The day also saw the Delhi Police registering an FIR against the Punjab police for allegedly abducting and assaulting Bagga.

The Punjab Police, in its application, said that its team arrested Bagga on May 6 at about 8.15am in accordance with law. The police officials, including uniformed personnel, effected the arrest and Bagga’s family had no ambiguity about their identity.

The application further said that Bagga’s father, who was present at the spot, was informed about his son’s arrest. The Janakpuri police station in Delhi too was informed. “Also, to infuse absolute transparency and fairness, the concerned police officials predominantly video recorded and endeavored to record the arrest proceedings as to alleviate any subsequent controversy and to maintain fairness,” it said.

It has been further submitted that police party of Punjab along with Bagga, who was their lawful custody, was illegally stopped and detained by the Haryana Police at Karnal-Kurukshetra Highway at 10.40 am. “The stopping of police party of Punjab was a mala fide, malicious, arbitrary orchestrated and illegal act…Haryana Police acted only at behest of Delhi Police…in connivance with the father of the accused, as there was no such authority or legal ground on which the Punjab Police could have been stopped by the Haryana Police,” it said.

“The capacity to influence the investigation by the petitioner-accused (Bagga) is apparent from the incidents narrated that he was capable of putting Delhi Police as well as Haryana Police to come to his help and to take him away from lawful custody of the Punjab Police even after due arrest was made in pursuance to the impugned FIR. Such person does not deserve any concession or interim protection, since he has a tendency to influence the investigation, to tamper with the evidence and may not cooperate in investigation,” the application further said.

The counsel for Bagga, Senior Advocate Chetan Mittal, opposed the application contending that it had no relevance with the quashing of petition filed by Bagga before the HC.

The HC, meanwhile, in the previous order of May 10, had said that the police report under Section 173 CrPC (chargesheet) shall also not be filed till the next date of hearing.

The HC is also hearing the petition of the Punjab Police against the detention of its personnel in Haryana and Delhi.