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HC quashes FIR against former Congress Minister over remarks about PM
Shimla, Apr 13,
The Himachal Pradesh High Court has quashed an FIR registered against former Congress minister Thakur Singh Bharmouri, ruling that the allegations arising from an election speech did not constitute any cognizable offence under law.
Justice Sandeep Sharma, while setting aside the proceedings, observed that although the Congress leader had allegedly used “absurd” and “uncalled for” language against Prime Minister Narendra Modi during an election rally, the prosecution failed to demonstrate that such remarks promoted enmity between different classes of citizens—an essential requirement under Section 125 of the Representation of the People Act.
According to court records, Bharmouri, during a poll campaign speech in Chamba district, allegedly hurled abusive and objectionable remarks targeting the Prime Minister. However, the judgment makes it clear that the complaint did not spell out the exact words used, nor did it establish any link between the speech and communal or social disharmony.
The FIR originated from a complaint lodged by a BJP office bearer, who approached the Chief Electoral Officer via email on October 3, 2021, alleging violation of the Model Code of Conduct and electoral laws. The complaint was subsequently forwarded to Bharmour police station, leading to registration of the FIR under Section 125 of the RPA and Section 504 of the IPC.
The High Court found the complaint “vague and evasive,” noting that even the charge sheet merely reproduced the FIR without adding concrete evidence or specific allegations.
It further pointed out that the allegedly insulted person—the Prime Minister—had not filed any complaint, weakening the charge under Section 504 IPC relating to intentional insult provoking breach of peace.
Holding that continuation of proceedings would amount to abuse of process, the Court quashed the FIR and all consequential proceedings, effectively discharging Bharmouri.
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The HimachalScape Bureau comprises seasoned journalists from Himachal Pradesh with over 25 years of experience in leading media conglomerates such as The Times of India and United News of India. Known for their in-depth regional insights, the team brings credible, research-driven, and balanced reportage on Himachal’s socio-political and developmental landscape.