The Punjab and Haryana High Court on Wednesday dismissed the FIR filed against former Aam Aadmi Party member Kumar Vishwas, who was charged with hate speech and unlawful assembly after accusing Delhi Chief Minister Arvind Kejriwal of being a separatist.
Vishwas, who was arrested for making remarks during the Punjab assembly elections in February 2022, had petitioned the High Court for the case to be dismissed.
Justice Anoop Chitkara granted the petition, stating that free expression is a fundamental component of democracy.
“There can be no democracy without the freedom of choice and free expression.” People’s information is particularly important during the pre-election period in a democracy.
The petitioner, as a social educator, cannot be claimed to have spewed venom while having the alleged dialogue with his ex-associate (Kejriwal). In his order, the court stated, “There is nothing to imply any purpose to split the classes along communal lines.”
Vishwas had given an interview to media organisations on February 16 and 17, stating that Kejriwal had previously told him that he will become the chief minister or prime minister of an independent State or country. It was claimed that, as a result of Vishwas’ words, unknown individuals illegally restrained the complainant (an AAP member) on April 12.
Vishwas was then charged with Sections 153 A (attempt to create communal disharmony), 505 (attempt to incite public mischief), 341 (wrongful restraint), 116 (abetting an offence), 323 (causing hurt), 143 (unlawful assembly) 147 (rioting) and 120B (criminal conspiracy).
The bench, on the other hand, noted that there was no connection between the February speech and the April incident, or even the later incidence of a ruckus caused by certain people. The Court ruled that none of the charges against Vishwas were prima facie proven. Regarding the circumstances of the case, the bench noted that Vishwas was not among those who caused a commotion or assaulted AAP leaders.
The judge then emphasised the importance of free expression by quoting Pandit Jawaharlal Nehru’s first speech to independent India. It went on to say that freedom of speech was one of the rights Indians gained “at the stroke of midnight” on August 15, 1947.
“At the stroke of midnight, apart from liberty, we got azadi of choice and azadi of free speech and of expression; and we took a great leap forward by endorsing democracy, ushering equality and dignity, ensuring infinite opportunities to preserve and spearhead this fantastic diversity till eternity.”
Regarding the circumstances of the case, the bench noted that Vishwas was not among those who caused a commotion or assaulted AAP leaders.