The Evening Wrap: High drama as Punjab Police arrest BJP leader Tajinder Pal Singh Bagga

The Punjab police on Friday arrested BJP leader Tajinder Pal Singh Bagga from his residence in Delhi in connection with making allegedly inflammatory statements to flare up communal enmity. The police in a statement said that an FIR was registered against Bagga on April 1, 2022 under Sections 153 A, 505, 505(2), 506 of the Indian Penal Code at the Punjab State Cyber Crime wing at Mohali in S.A.S Nagar district. He has been accused of causing instigation, incitement, criminal intimidation to cause violence, use of force, and imminent hurt in a predesigned and orchestrated manner by making, publishing provocative, false and communal inflammatory statements through his interview given to the media and through his posts on Twitter, said the statement. The police said the 36-year-old Bagga was served five notices under Section 41 A of the Cr.PC to come and join the investigation, but despite the notices, the accused deliberately did not join the investigation, added the statement. “Today morning following due process of law, the accused has been arrested from his home in Janakpuri, New Delhi. He is being brought here and will be produced in court. Further investigation is on,” said the statement. Vehicles bringing Bagga from Delhi to Mohali got held up in Haryana’s Kurukshetra. Sources said the vehicles have been taken to a police station in Kurukshetra’s Pipli. Asked why the Punjab police team had been stopped, a Haryana police official said there was information that Bagga had been “forcibly” picked up from his residence. “We have to verify and crosscheck these things,” he said. Senior Haryana police officials were present at the spot. The BJP leaders criticised the police action. BJP national general secretary Tarun Chugh flayed the Aam Aadmi Party government in Delhi and Punjab for their “Hitler-like action of arresting BJP’s Delhi spokesperson Tajinder Bagga”. “It is a criminal act of Kejriwal to which Punjab Chief Minister Bhagwant Mann is playing a meek second fiddle”, Chugh said. The case was registered against Bagga for allegedly making statements on March 30, when he was part of a BJP youth wing protest outside the Chief Minister’s residence in Delhi. As the situation escalated, the Delhi Police registered a case of kidnapping based on a complaint by Bagga’s father. A Delhi Police team took the custody of Bagga in Kurukshetra from the Punjab police. The Punjab Police team was stopped in Kurukshetra’s Pipli, with a Haryana Police official saying they had information that Bagga was “forcibly” picked up from his residence. A Delhi Police team reached Kurukshetra, took Bagga’s custody and left for the national capital, a Kurukshetra police official said over the phone. No vendetta, Tajinder Pal Bagga arrested for stoking communal tension, inciting violence in Punjab: AAP The Aam Aadmi Party (AAP) on May 6 claimed that BJP leader Tajinder Pal Singh Bagga has been arrested from Delhi by the Punjab Police for trying to stoke communal tension and violence in the border State and rejected the BJP’s charge of vendetta. Though AAP chief spokesperson Saurabh Bharadwaj referred to the clashes in Patiala on April 29, the Punjab Police said it arrested the Delhi BJP spokesperson from his residence in the national capital in connection with a case registered in Mohali on April 1. The April 1 FIR referred to Bagga’s remarks on March 30, when he was part of a BJP youth wing protest outside the Delhi Chief Minister’s residence. Defending the Punjab Police’s action, Bharadwaj told a press conference that the State police registered a case against Bagga last month after the BJP leader, through his social media posts, “tried to create communal tension and incite violence in the State”. “Because of such statements, the Punjab Police lodged an FIR and now arrested Bagga. His statements were communal in nature. A lot of BJP-linked people were instigating the violence in Patiala,” Bhardwaj alleged. The April 1 FIR was registered under relevant Sections of Indian Penal Code, including 153-A (promoting enmity between different groups on grounds of religion, race, place, etc.), 505 (whoever makes, publishes or circulates any statement, rumour or report) and 506 (criminal intimidation). Bagga had come under fire from the AAP, which is ruling both Delhi and Punjab, for his tweet against Delhi Chief Minister Arvind Kejriwal over ‘The Kashmir Files’ movie. After Bagga’s arrest, the BJP accused the Punjab Police of “abducting” him and alleged that the AAP national convenor leader Arvind Kejriwal was pursuing vendetta through the State police. Launching a counterattack, Bharadwaj said the Punjab Police arrested Bagga only after he did not join the investigation despite five summons. “There is no vendetta. The Punjab Police is doing its work impartially,” he said, dismissing the BJP’s allegations of vindictive action as “absolutely wrong”. The AAP spokesperson alleged that the BJP sees politics and vendetta behind the arrest of Bagga because it has been “misusing” State machinery for political gains. “It’s BJP’s and not any other political party’s modus operandi,” he charged. “The BJP has always been misusing State machinery for its benefit. When elections are there, raids by Enforcement Directorate, Income Tax Department and National Investigation Agency summons and arrests by the police are quite common,” Bharadwaj said. Since the BJP has always “intimidated and threatened” its rivals using the police and other agencies, it feels the rest of the parties have also become like it when “any work is done impartially”, he added. “If there was a bit of chance in his [Bagga’s] favour, he approached a lower court, high court, tried to get anticipatory bail but he didn’t get any relief from any court,” he added. The AAP leader listed a number of cases registered against Bagga since 2011 and said he has “a dossier like a big criminal”. “If you see his [Bagga’s] Twitter and Facebook account to understand what is he known for in Delhi, you will find that his unique selling point (USP) is dirty and cheap language, poisonous speeches that can create hatred and lead to quarrels between two communities,” the AAP leader said. Bharadwaj on May 5 alleged that the BJP was behind the clashes between the two groups in Punjab’s Patiala district, claiming that the special investigation team set up by the Bhagwant Mann government will soon come up with a “big revelation” in this connection. Centre-Delhi govt tussle: Supreme Court refers issue to Constitution Bench The Supreme Court on Friday referred to a Constitution Bench the battle between the Centre and Arvind Kejriwal-led Delhi government for control over bureaucrats in the Capital. A three-judge Bench led by Chief Justice of India N.V. Ramana said the tussle between the Union and Delhi governments over the limited question concerning ‘services’ or bureaucracy required an authoritative pronouncement by a five-judge Bench of the Supreme Court. The CJI, who read out the order in open court, said the court did not “deem it necessary to revisit” any other issues, between the Centre and the Delhi government, which had already been settled in the earlier judgment of the court in 2018. Four years ago, a Constitution Bench had unanimously held that the Lieutenant Governor of Delhi was bound by the “aid and advice” of the popularly-elected Aam Aadmi Party (AAP) government and both had to work harmoniously with each other. It had noted that there was no room for anarchy or absolutism in a democracy. However, reading the order, Chief Justice Ramana pointed out that the 2018 judgment had not specifically dealt with the issue of ‘services’. The National Capital Territory government had compared its predicament without power over the ‘services’ like that of a king without a kingdom. The situation was such that a “democratic representative government” had to get the approval of the Lieutenant Governor to appoint a Health Secretary or a Commerce Secretary, it had argued. The 2018 judgment had made it clear that the powers of the Centre and the Delhi government were collective and coextensive, senior advocate A.M. Singhvi, for the Delhi government, had submitted. “What collective responsibility will the Delhi govt. have without the power to control the transfers and postings of the officers? Federalism is itself being eroded,” the senior lawyer had argued. Solicitor General Tushar Mehta, for the Centre, had argued in favour of referring the issue to a Constitution Bench. The Centre had argued that Delhi, the nation’s capital and a sprawling metropolis, should be under its control. Delhi could not be left to the “small mercies and smaller resources” of a State legislature, the Centre reasoned. On February 14, 2019, a Supreme Court Bench of Justices A.K. Sikri and Ashok Bhushan (both retired) gave a split opinion on the question of control over ‘services’ in the Capital. While Justice Bhushan had held that the Delhi government had no power over ‘services’, Justice Sikri, who was the lead judge on the Bench, took the middle path. Justice Sikri had concluded that files on the transfers and postings of officers in the rank of secretary, head of department and joint secretary could be directly submitted to the Lieutenant Governor. As far as DANICS (Delhi Andamans Nicobar Islands Civil Service) cadre was concerned, the files could be processed through the Council of Ministers led by the Chief Minister to the Lieutenant Governor, Justice Sikri wrote. Again, in case of a difference of opinion, the Lieutenant Governor prevailed. The Delhi government has also separately sought the quashing of amendments to the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’. It has contended that the amendments violate the doctrine of basic structure of the Constitution and that the Centre, through these changes, has given more power to the Lieutenant Governor than the elected government of the people of Delhi. Use of loudspeaker from mosque not fundamental right, says Allahabad High Court The use of a loudspeaker from a mosque is not a fundamental right, the Allahabad High Court has said. The court passed the observation while dismissing a petition filed by a Budaun man who wanted permission to play a loudspeaker from a mosque during azan, the Islamic call for prayer, at a village in the district. The court said the petition was “patently misconceived.” “The law has now been settled that use of a loudspeaker from mosque is not a fundamental right. Even otherwise, a cogent reason has been assigned in the impugned order,” said a Division Dench of Justices Vivek Kumar and Vikas Budhwar on May 4. Irfan of Budaun district had filed a petition praying that the court quash the rejection order dated December 3, 2021, by the Sub-Divisional Magistrate (SDM), Bisauli tehsil, through which he was denied permission to use a loudspeaker/mike from Noori Masjid at the time of azan. His counsel argued that the SDM’s order was wholly illegal and violated the fundamental and legal rights of the petitioner to run a loudspeaker from the mosque. Court says Ranas crossed line of freedom of speech but it may not be sufficient ground for sedition While granting bail to independent Member of Parliament Navneet Rana and her husband, MLA Ravi Rana, the court noted: “They have crossed the lines of freedom of speech and expression. However, it may not be sufficient ground for sedition.” Special judge R.N. Rokade granted bail to the Ranas on May 4. However, the detailed order was made available on Friday. They were arrested on April 23 for declaring that they will recite Hanuman Chalisa outside Chief Minister Uddhav Thackeray’s residence Matoshree. However, they had withdrawn their plan because of Prime Minister Narendra Modi’s visit and were sent to judicial custody by the magistrate court for 14 days on April 24. They have been booked under sections 124A (sedition) and section 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code (IPC). The court said, “A citizen has a right to say or write whatever he likes about the government, or its measures, by way of criticism or comments, so long as he does not incite people to violence against the government established by law or with the intention of creating public disorder. Undoubtedly, the applicants [Ranas] have crossed the lines of freedom of speech and expression guaranteed under the Constitution. However, mere expression of derogatory or objectionable words, may not be a sufficient ground for invoking the provisions contained in section 124A of IPC.” The 17-page order read: “The said provisions would apply only when the written and spoken words have the tendency or intention of creating disorder or disturbance of public peace by resort to violence. Therefore, though the statements and acts of applicants are blameworthy, the same cannot be stretched too far to bring within the ambit of section 124A of IPC.” In Brief The Asian Games that were set to be held in the Chinese city of Hangzhou in September have been postponed, organisers said on Friday, as China continues to battle a spread of COVID-19 cases. The Olympic Council of Asia said, following a meeting with the Chinese Olympic Committee, that the 19th Asian Games, scheduled to be held in September, would be postponed and new dates announced “in the near future”. The Asian Youth Games, also to be held in China in December in Shantou, would be cancelled as the games had been postponed once last year. Evening Wrap will return tomorrow [logo] The Evening Wrap 06 MAY 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Punjab Police arrest BJP leader Tajinder Pal Singh Bagga; Delhi Police register kidnapping case   The [Punjab police on Friday arrested BJP leader Tajinder Pal Singh Bagga]( from his residence in Delhi in connection with making allegedly inflammatory statements to flare up communal enmity. The police in a statement said that an FIR was registered against Bagga on April 1, 2022 under Sections 153 A, 505, 505(2), 506 of the Indian Penal Code at the Punjab State Cyber Crime wing at Mohali in S.A.S Nagar district. [Punjab Police arrested Delhi BJP spokesperson Tajinder Pal Singh Bagga from his residence in Delhi on May 6, 2022 in connection with a case registered against him in Mohali. Photo: Twitter/@AAPNareshBalyan via PTI] He has been accused of causing instigation, incitement, criminal intimidation to cause violence, use of force, and imminent hurt in a predesigned and orchestrated manner by making, publishing provocative, false and communal inflammatory statements through his interview given to the media and through his posts on Twitter, said the statement. The police said the 36-year-old Bagga was served five notices under Section 41 A of the Cr.PC to come and join the investigation, but despite the notices, the accused deliberately did not join the investigation, added the statement. “Today morning following due process of law, the accused has been arrested from his home in Janakpuri, New Delhi. He is being brought here and will be produced in court. Further investigation is on,” said the statement. Vehicles bringing Bagga from Delhi to Mohali got held up in Haryana’s Kurukshetra. Sources said the vehicles have been taken to a police station in Kurukshetra’s Pipli. Asked why the Punjab police team had been stopped, a Haryana police official said there was information that Bagga had been “forcibly” picked up from his residence. “We have to verify and crosscheck these things,” he said. Senior Haryana police officials were present at the spot. The BJP leaders criticised the police action. BJP national general secretary Tarun Chugh flayed the Aam Aadmi Party government in Delhi and Punjab for their “Hitler-like action of arresting BJP’s Delhi spokesperson Tajinder Bagga”. “It is a criminal act of Kejriwal to which Punjab Chief Minister Bhagwant Mann is playing a meek second fiddle”, Chugh said. The case was registered against Bagga for allegedly making statements on March 30, when he was part of a BJP youth wing protest outside the Chief Minister’s residence in Delhi. As the situation escalated, the Delhi Police registered a case of kidnapping based on a complaint by Bagga’s father. A Delhi Police team took the custody of Bagga in Kurukshetra from the Punjab police. The Punjab Police team was stopped in Kurukshetra’s Pipli, with a Haryana Police official saying they had information that Bagga was “forcibly” picked up from his residence. A Delhi Police team reached Kurukshetra, took Bagga’s custody and left for the national capital, a Kurukshetra police official said over the phone. No vendetta, Tajinder Pal Bagga arrested for stoking communal tension, inciting violence in Punjab: AAP The Aam Aadmi Party (AAP) on May 6 claimed that BJP leader Tajinder Pal Singh Bagga has been arrested from Delhi by the Punjab Police for trying to stoke communal tension and violence in the border State and [rejected the BJP’s charge of vendetta](. Though AAP chief spokesperson Saurabh Bharadwaj referred to the clashes in Patiala on April 29, the Punjab Police said it arrested the Delhi BJP spokesperson from his residence in the national capital in connection with a case registered in Mohali on April 1. The April 1 FIR referred to Bagga’s remarks on March 30, when he was part of a BJP youth wing protest outside the Delhi Chief Minister’s residence. Defending the Punjab Police’s action, Bharadwaj told a press conference that the State police registered a case against Bagga last month after the BJP leader, through his social media posts, “tried to create communal tension and incite violence in the State”. “Because of such statements, the Punjab Police lodged an FIR and now arrested Bagga. His statements were communal in nature. A lot of BJP-linked people were instigating the violence in Patiala,” Bhardwaj alleged. The April 1 FIR was registered under relevant Sections of Indian Penal Code, including 153-A (promoting enmity between different groups on grounds of religion, race, place, etc.), 505 (whoever makes, publishes or circulates any statement, rumour or report) and 506 (criminal intimidation). Bagga had come under fire from the AAP, which is ruling both Delhi and Punjab, for his tweet against Delhi Chief Minister Arvind Kejriwal over ‘The Kashmir Files’ movie. After Bagga’s arrest, the BJP accused the Punjab Police of “abducting” him and alleged that the AAP national convenor leader Arvind Kejriwal was pursuing vendetta through the State police. Launching a counterattack, Bharadwaj said the Punjab Police arrested Bagga only after he did not join the investigation despite five summons. “There is no vendetta. The Punjab Police is doing its work impartially,” he said, dismissing the BJP’s allegations of vindictive action as “absolutely wrong”. The AAP spokesperson alleged that the BJP sees politics and vendetta behind the arrest of Bagga because it has been “misusing” State machinery for political gains. “It’s BJP’s and not any other political party’s modus operandi,” he charged. “The BJP has always been misusing State machinery for its benefit. When elections are there, raids by Enforcement Directorate, Income Tax Department and National Investigation Agency summons and arrests by the police are quite common,” Bharadwaj said. Since the BJP has always “intimidated and threatened” its rivals using the police and other agencies, it feels the rest of the parties have also become like it when “any work is done impartially”, he added. “If there was a bit of chance in his [Bagga’s] favour, he approached a lower court, high court, tried to get anticipatory bail but he didn’t get any relief from any court,” he added. The AAP leader listed a number of cases registered against Bagga since 2011 and said he has “a dossier like a big criminal”. “If you see his [Bagga’s] Twitter and Facebook account to understand what is he known for in Delhi, you will find that his unique selling point (USP) is dirty and cheap language, poisonous speeches that can create hatred and lead to quarrels between two communities,” the AAP leader said. Bharadwaj on May 5 alleged that the BJP was behind the clashes between the two groups in Punjab’s Patiala district, claiming that the special investigation team set up by the Bhagwant Mann government will soon come up with a “big revelation” in this connection. Centre-Delhi govt tussle: Supreme Court refers issue to Constitution Bench  The Supreme Court on Friday [referred to a Constitution Bench the battle between the Centre and Arvind Kejriwal-led Delhi government]( for control over bureaucrats in the Capital. A three-judge Bench led by Chief Justice of India N.V. Ramana said the tussle between the Union and Delhi governments over the limited question concerning ‘services’ or bureaucracy required an authoritative pronouncement by a five-judge Bench of the Supreme Court. The CJI, who read out the order in open court, said the court did not “deem it necessary to revisit” any other issues, between the Centre and the Delhi government, which had already been settled in the earlier judgment of the court in 2018. Four years ago, a Constitution Bench had unanimously held that the Lieutenant Governor of Delhi was bound by the “aid and advice” of the popularly-elected Aam Aadmi Party (AAP) government and both had to work harmoniously with each other. It had noted that there was no room for anarchy or absolutism in a democracy. However, reading the order, Chief Justice Ramana pointed out that the 2018 judgment had not specifically dealt with the issue of ‘services’. The National Capital Territory government had compared its predicament without power over the ‘services’ like that of a king without a kingdom. The situation was such that a “democratic representative government” had to get the approval of the Lieutenant Governor to appoint a Health Secretary or a Commerce Secretary, it had argued. The 2018 judgment had made it clear that the powers of the Centre and the Delhi government were collective and coextensive, senior advocate A.M. Singhvi, for the Delhi government, had submitted. “What collective responsibility will the Delhi govt. have without the power to control the transfers and postings of the officers? Federalism is itself being eroded,” the senior lawyer had argued. Solicitor General Tushar Mehta, for the Centre, had argued in favour of referring the issue to a Constitution Bench. The Centre had argued that Delhi, the nation’s capital and a sprawling metropolis, should be under its control. Delhi could not be left to the “small mercies and smaller resources” of a State legislature, the Centre reasoned. On February 14, 2019, a Supreme Court Bench of Justices A.K. Sikri and Ashok Bhushan (both retired) gave a split opinion on the question of control over ‘services’ in the Capital. While Justice Bhushan had held that the Delhi government had no power over ‘services’, Justice Sikri, who was the lead judge on the Bench, took the middle path. Justice Sikri had concluded that files on the transfers and postings of officers in the rank of secretary, head of department and joint secretary could be directly submitted to the Lieutenant Governor. As far as DANICS (Delhi Andamans Nicobar Islands Civil Service) cadre was concerned, the files could be processed through the Council of Ministers led by the Chief Minister to the Lieutenant Governor, Justice Sikri wrote. Again, in case of a difference of opinion, the Lieutenant Governor prevailed. The Delhi government has also separately sought the quashing of amendments to the ‘Government of National Capital Territory of Delhi (GNCTD) Act’ and 13 Rules of the ‘Transaction of Business of the Government of National Capital Territory of Delhi Rules, 1993’. It has contended that the amendments violate the doctrine of basic structure of the Constitution and that the Centre, through these changes, has given more power to the Lieutenant Governor than the elected government of the people of Delhi. Use of loudspeaker from mosque not fundamental right, says Allahabad High Court The [use of a loudspeaker from a mosque is not a fundamental right]( the Allahabad High Court has said. The court passed the observation while dismissing a petition filed by a Budaun man who wanted permission to play a loudspeaker from a mosque during azan, the Islamic call for prayer, at a village in the district. The court said the petition was “patently misconceived.” “The law has now been settled that use of a loudspeaker from mosque is not a fundamental right. Even otherwise, a cogent reason has been assigned in the impugned order,” said a Division Dench of Justices Vivek Kumar and Vikas Budhwar on May 4. [Loudspeakers at a mosque in Srinivaspuri, New Delhi on May 6, 2022. ] Irfan of Budaun district had filed a petition praying that the court quash the rejection order dated December 3, 2021, by the Sub-Divisional Magistrate (SDM), Bisauli tehsil, through which he was denied permission to use a loudspeaker/mike from Noori Masjid at the time of azan. His counsel argued that the SDM’s order was wholly illegal and violated the fundamental and legal rights of the petitioner to run a loudspeaker from the mosque. Court says Ranas crossed line of freedom of speech but it may not be sufficient ground for sedition While granting bail to independent Member of Parliament Navneet Rana and her husband, MLA Ravi Rana, the court noted: “[They have crossed the lines of freedom of speech]( and expression. However, it may not be sufficient ground for sedition.” Special judge R.N. Rokade granted bail to the Ranas on May 4. However, the detailed order was made available on Friday. They were arrested on April 23 for declaring that they will recite Hanuman Chalisa outside Chief Minister Uddhav Thackeray’s residence Matoshree. However, they had withdrawn their plan because of Prime Minister Narendra Modi’s visit and were sent to judicial custody by the magistrate court for 14 days on April 24. They have been booked under sections 124A (sedition) and section 153A (promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc and doing acts prejudicial to maintenance of harmony) of the Indian Penal Code (IPC). The court said, “A citizen has a right to say or write whatever he likes about the government, or its measures, by way of criticism or comments, so long as he does not incite people to violence against the government established by law or with the intention of creating public disorder. Undoubtedly, the applicants [Ranas] have crossed the lines of freedom of speech and expression guaranteed under the Constitution. However, mere expression of derogatory or objectionable words, may not be a sufficient ground for invoking the provisions contained in section 124A of IPC.” The 17-page order read: “The said provisions would apply only when the written and spoken words have the tendency or intention of creating disorder or disturbance of public peace by resort to violence. Therefore, though the statements and acts of applicants are blameworthy, the same cannot be stretched too far to bring within the ambit of section 124A of IPC.” In Brief The Asian Games that were set to be held in the Chinese city of Hangzhou in September [have been postponed]( organisers said on Friday, as China continues to battle a spread of COVID-19 cases. The Olympic Council of Asia said, following a meeting with the Chinese Olympic Committee, that the 19th Asian Games, scheduled to be held in September, would be postponed and new dates announced “in the near future”. The Asian Youth Games, also to be held in China in December in Shantou, would be cancelled as the games had been postponed once last year. Evening Wrap will return tomorrow  Today’s Top Picks [[Data | Tamil Nadu records most custodial deaths in South India] Data | Tamil Nadu records most custodial deaths in South India]( [[The public library is a portal to a better future] The public library is a portal to a better future]( [[Daily Quiz | Marxist revolutionaries] Daily Quiz | Marxist revolutionaries]( [[‘Moon Knight’ Season 1 review: Oscar Issac revels in metaphysical meditation of mind-forged manacles] ‘Moon Knight’ Season 1 review: Oscar Issac revels in metaphysical meditation of mind-forged manacles]( Copyright @ 2021, THG PUBLISHING PVT LTD. If you are facing any trouble in viewing this newsletter, please [try here]( If you do not wish to receive such emails [go here](