Court Finds No Prima Facie Case Under Representation of People Act and IPC, Citing Lack of Evidence and Intent
In a significant ruling, the Himachal Pradesh High Court has quashed an FIR filed against Thakar Singh Bharmouri, a senior Congress leader, for allegedly making abusive remarks against the Prime Minister during an election rally. The court ruled that the allegations did not constitute an offence under Section 125 of the Representation of the People Act, 1951, or Section 504 of the Indian Penal Code (IPC).
The FIR, filed in October 2021 by an office bearer of the Bharatiya Janata Party (BJP), claimed that Bharmouri's remarks were in violation of the Model Code of Conduct and aimed to promote enmity between different classes of citizens. However, the court found that the FIR and the subsequent police report lacked specific descriptions of the alleged abusive language and intent to promote enmity or hatred.
Justice Sandeep Sharma, presiding over the case, emphasized the court's inherent powers under Section 482 of the Criminal Procedure Code (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita) to quash proceedings that constitute an abuse of process or are attended with mala fide intent. The judgment highlighted that mere allegations without substantive evidence do not make a prima facie case.
The court also pointed out that the complainant, a BJP member, had not provided evidence that Bharmouri's remarks led to any public disorder or enmity between classes. The alleged victim, the Prime Minister, had not lodged the complaint himself, and there was no material to demonstrate that the remarks disrupted public peace.
The decision underscores the judiciary's role in preventing the misuse of legal provisions for political vendetta and protecting individuals from unwarranted legal harassment. The court's ruling brings an end to the proceedings against Bharmouri, potentially setting a precedent for similar cases in the future.
Bottom Line:
Quashing of FIR - High Court has inherent powers under Section 482 Cr.P.C. (now Section 528 of Bharatiya Nagarik Suraksha Sanhita) to quash criminal proceedings when allegations do not prima facie constitute an offence or are manifestly attended with mala fide intent.
Statutory provision(s): Section 125 of the Representation of the People Act, 1951; Section 504 of the Indian Penal Code; Section 482 of the Criminal Procedure Code (now Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023).
Thakar Singh Bharmouri v. State of H.P., (Himachal Pradesh) : Law Finder Doc id # 2871957
