The judgment emphasizes the importance of proximate and direct nexus between expression and public disorder, and the need for evidence to establish mens rea in cases involving incitement of violence.

JUDGMENT

Anoop Chitkara, J. - Aggrieved on being arraigned as an accused in the FIR captioned above, the petitioner has come up before this court under section 482 of the Code of Criminal Procedure, 1973 [CrPC], by invoking this court's inherent jurisdiction, seeking to disrupt the criminal proceedings at the inception stage to preserve his fundamental right of free speech, to prevent the abuse of process of law, and to secure the ends of justice, on the grounds that even if all the allegations on their face value are taken to be true and correct, still it would not constitute violation of any of the penal offences incorporated against him; thus, prays to quash the FIR.

2. The trouble sprouted on Feb. 16, 2022, when as per the complaint, the petitioner, during Vidhan Sabha elections, gave a video interview, leveling imputations about the involvement of Mr. Arvind Kejriwal, Chief Minister of Delhi, with certain nefarious and anti-social elements. The complainant alleged that to provoke and abet violence against the workers and supporters of the Aam Adami Party [AAP], Kumar Vishwas deliberately stated in his interview pointing toward Delhi's Chief Minister, "One day, he told me not to worry because either he would become Chief Minister of an independent State... On this, I (Kumar Vishwas) confronted him by saying this is separatism, the referendum of 2020 is coming, and the world is funding it, from ISI to the separatist groups... He said, so what, then, he would become Prime Minister of an Independent country. Look so much separatism is in this man's thoughts to form Government and acquire power at whatever cost.'

3. The gist of the allegations leveled in the complaint is that on Feb. 16 and Feb. 17, 2022, the petitioner, Kumar Vishwas, to satiate his personal enmity and hatred, gave a proactive video interview to ANI and other news channels, wherein he made baseless imputations regarding involvement of AAP's national convener Mr. Arvind Kejriwal, with certain nefarious and anti-social elements. The interview was widely circulated in the media and was being re-tweeted and numerously shared on social media websites through meticulous planning to promote hatred, animosity, and feelings of hostility in the State of Punjab, against the members of AAP. This was done deliberately with an intent to associate every leader, member, and supporter of AAP, with nefarious and disruptive elements. The timing and nature of the proactive statements were purposefully and strategically aimed to spread a communal narrative to create unrest and instability across Punjab during the elections to the State Legislative Assembly, and this instigation subjected AAP supporters to hatred, hostility, distrust, and vengeful violence, significantly rupturing the peaceful religious fabric of Punjab.

4. The complaint reads that, 'Today i.e., on 12.04.2022 at about 12 P.M. near T- Point Panjola, Purkhali road, when I was returning after redressing public grievances with my fellow party workers Shiv Kumar Lalpura, Gaurav Kapoor and Rana Panjola, a group of 10-12 unknown persons restrained and waylaid us unexpectedly and tried to assault and manhandle us by pushing us into a corner. They seemed furious about the victory of Aam Aadmi party in the Vidhan Sabha Elections and called us names like Khalistani, gaddar and started giving slogans to the effect 'Kejriwal Mann ki Sarkar Hai Hai' 'Khalistani Sarkar Hai Hai' 'Punjab Khalistan Nahi Banega'. We somehow managed to run away from them to safety. Having regards to the entire chain of events which has transpired over the past few months in light of a pre- planned conspiracy