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The Punjab & Haryana High Court has directed a stay on an FIR filed by an AAP supporter Gurbhej Singh, against Naveen Kumar Jindal, BJP (Bharatiya Janata Party) leader, for posting a video allegedly tarnishing image of Delhi Chief Minister Arvind Kejriwal.

A bench of Justice Vikas Bahl while issuing notice listed the matter for further hearing on May 30, 2022.

The FIR has been filed on April 7, 2022 under Sections 465, 469, 500, 504, 505(1b) IPC and 66 IT Act at P.S. Phase II, District SAS Nagar, Mohali alleging that Jindal shared a video which “tarnishes the image of Arvind Kejriwal, Chief Minster of Delhi”.  

Senior Advocates RS Rai, Chetan Mittal alongwith Advocate Mayank Aggarwal submitted that none of the offences under which an FIR has been registered are made out. As far as Section 465/467 is concerned, it has been argued that the petitioner admittedly is not the maker of such video rather it was already available in the public domain.

In addition to this, it was further submitted that "Even in response to one notice the petitioner has given the detail thereof that the video was already available in public domain and it has also been argued that the video on the right side has been referred as a satire which is a humorous video."

“A plain and simple reading of the video allegedly shared by the petitioner would show that no part of the video has any tendency to create disorder or disturbance of public peace by resort to violence," Jindal added.

​Jindal has alleged that it is a classic case of political malafide and even offences under Sections 504 and 505 (1b) is also not made out from the bare reading of the allegations of the FIR. The police is being misused at the behest of the political party who has recently come in power.

The plea has alleged that the FIR invades the Fundamental Right to speech & expression of the Jindal while stating that the video "is a humorous video and it is specially mentions on the video that is a satire therefore the complaint at the instance of the supporter of a political party is blatant unconstitutional attempt to invade the Fundamental Right to speech and expression."

It has been alleged that "the language amd intent of the allegations in the impugned FIR are nothing but an attempt to portray larger than life image of the national convenor of the ruling party of Punjab and stop people opposition from exposing the fault lines in the statements and actual work happening on the ground by the said person."

The bench after hearing the parties stated that the case which falls within the exceptions wherein the court can grant interim stay if no case is made out from the bare reading of the FIR as well as it is clear abuse of process of law. 

Cause Title: Naveen Kumar Vs. State of Punjab & Anr.