Journalist moves P&H High Court over police summons after AAP MLAs file multiple complaints

Bathinda-based journalist Rattandeep Singh Dhaliwal has moved the Punjab and Haryana High Court following multiple police complaints lodged against himby Aam Aadmi Party (AAP) MLAs.

In a recent podcast, Dhaliwal had said that about 32 sitting MLAs might not be considered as party candidates for the next assembly elections in Punjab.

Subsequently, various MLAs are stated to have filed police complaints against Dhaliwal, leading to issuance of notice to him by the police.

Justice Rohit Kapoor today listed the matter for hearing on Wednesday and said that the Court would like to first hear the podcast before passing any order.

Dhaliwal in his petition sought quashing of proceedings initiated against him by the police on basis of the complaints made by AAP MLAs.

The journalist alleged that following the recent broadcast, the ruling party instead of choosing to respond with a clarification or denial, asked its MLAs to file complaints against him.

According to the petition,

"The absurdity of this document is self-evident: it requires MLAs to merely fill in their name and constituency, while the body of the complaint is identical for every complainant and contains wildly exaggerated claims such as "because of this video there is hatred and unrest in the people of Punjab." This claim is factually false and legally untenable, yet it became the basis for a state-wide police action against the Petitioner."

Due to the filing of complaints, Dhaliwal has been issued notice by the police in Patiala, Amritsar, Bathinda and Ferozepur asking him to appear before them. He alleged that the police raided his residence despite an offer to cooperate with the investigation.

The intention behind these raids is not investigation but pure intimidation, the petitioner alleged.

As per the plea, Dhaliwal is not an isolated victim but the State of Punjab had a "documented and disturbed history of weaponising criminal law" against journalists.

In response, Advocate General Maninderjit Singh Bedi told the Court that no FIRs have been registered against Dhaliwal and that he has approached the Court at a premature stage.

"He has to join the proceedings," Bedi said.

Bedi added that Dhaliwal had made the claims about AAP candidates without any basis or record.

The Court questioned what offences were involved in the matter. Bedi responded that he had only been summoned at this stage but he failed to join the proceedings.

Senior Advocate RS Bains, representing Dhaliwal, submitted that AAP was acting with vendetta against Dhaliwal and had even got his social media channels suspended.

"If you don't even know it is cognizable offence, how can police assume jurisdiction. You have no FIRs at all," Bains said.

Bains added that since the filing of the petitions, nine more complaints have been filed against the journalist.

Countering the senior counsel's submissions, AG Bedi submitted that journalists were not above law.

Advocates Loveneet Thakur and Sarabjot Singh Cheema also appeared for Dhaliwal.