Allahabad HC dismisses petitions of MP Chandra Shekhar in 2017 rioting case

Prayagraj, Dec 18 (PTI) The Allahabad High Court has dismissed petitions filed by Lok Sabha MP Chandra Shekhar seeking to quash proceedings concerning four FIRs lodged against him in connection with the 2017 Saharanpur rioting incident.

Justice Sameer Jain, while passing the order, noted that merely because incidents occurred on the same day, subsequent FIRs cannot be quashed if their "ambit is different" and the offences were committed at different places and times.

Chandra Shekhar, president of the Azad Samaj Party (KR) and founder of Bheem Army, is an MP from Nagina constituency in Uttar Pradesh.

Considering an earlier judgment of the apex court, the court observed, "Therefore, from this judgment it reflects the second FIR is permissible if the version of this FIR is different and if new discovery is made on factual foundations. As per this judgment, if discovery about a larger conspiracy is disclosed, then also a second FIR is permissible." "In case at hand, it reflects, the mob relating to Bheem Army continuously for hours committed arson and damaged properties at different places at different times, therefore, it can be held that all the incidents relate to the same transaction." "But considering the fact that the applicant is a sitting MP relating to a political party and alleged offences were allegedly committed by his party workers, the arguments advanced by learned AAG that it appears to be a case which involves a larger conspiracy cannot be ruled out," the court added.

The court observed, "Therefore considering the observation of Apex Court in case of Nirmal Singh Kahlon (supra) it is not desirable to quash the proceedings arising out of subsequent FIRs." The court also added that in cases where a "larger conspiracy" cannot be ruled out, as was the case in the present matter, the separate and subsequent FIRs are permissible.

According to the facts of the case, Chandra Shekhar moved four petitions under Section 528 BNSS, challenging the FIRs and chargesheets in four subsequent FIRs.

The first FIR was lodged against Chandra Shekhar on May 9, 2017 alleging that he and his associates, comprising 250-300 people, created a jam, assaulted administrative officers and police officials with illegal weapons and also damaged public property.

The counsel for Chandra Shekhar argued that the four subsequent FIRs lodged on the same day pertained to the same mob, the same set of evidence and the same incidents occurring within the "same transaction".

It was contended that according to the Supreme Court's verdict in T.T. Antony Vs. State of Kerala and Babubhai Vs. State of Gujarat, the second FIR on the same set of facts is impermissible and constitutes an abuse of the process of law.

On the other hand, Additional Advocate General Manish Goyal argued that the incidents occurred at different places and the FIRs were lodged by different individuals including private persons.

He contended that if the mob moved from one place to another committing distinct offences, damaging properties, vehicles or causing injuries, separate FIRs could very well be lodged.

The court also noted that although the date of the incidents (May 9, 2017) was common, the place and time of the incidents in the subsequent FIRs were different and dismissed the petitions by observing, "when the ambit of the two FIRs is different even though they may arise from the same set of circumstances" or when the investigation reveals the earlier set of facts to be part of a "larger conspiracy". PTI COR RAJ KSS KSS