Farmers Protest | HC Directs Formation Of Medical Board For Opinion On Injuries Sustained By Farmer Allegedly Beaten, Detained By Haryana Police

The Punjab & Haryana High Court today, directed the Post Graduate Institute of Medical Education & Research, Chandigarh (PGIMER) to constitute a Medical Board to give an opinion on how injuries could have been inflicted on a protesting farmer, who was allegedly detained and severely beaten by Haryana Police on February 21.

While perusing the status report filed by PGI, Rohtak where the protestor was earlier admitted, Justice Harkesh Manuja orally questioned the counsel appearing for the hospital, "Why is there no opinion on whether the injuries were self-inflicted? or from a fall? or beaten? In the wake of the injuries, the case cannot be left like this."

The judge noted, "the summary / status report about the injuries found on the person of Pritpal Singh, has been given; however, no probable opinion about the manner in which the injuries could have been inflicted has been given."

In the last hearing, the Court pulled up the Haryana government for not filing the medical report of the youth protestor, allegedly detained by the Police during the agitation led by farmers on February demand of MSP.

"Where is the opinion of the medical superintendent, I have specifically asked for the medical report...are they self inflicted injuries? In habeas corpus petition if the direction is not followed then it will be contempt of court..." observed Justice Harkesh Manuja.

The youth's father has moved a habeas corpus petition alleging that the Haryana Police picked up his son from within the boundaries of Punjab for being part of a "peaceful farmers' agitation".

An affidavit denying these allegations was filed by the Haryana Police. It claimed the youth was found severely injured in the fields adjoining the barricades installed at the borders of the two states. Considering his health condition, Preetpal was immediately sent to be admitted to the Civil Hospital, the government said.

Haryana government's counsel said the court's previous order asking for the protestor's medical report was not uploaded on the High Court's website and thus could not be complied with.

In the same order, the Court had also appointed a warrant officer to accompany the petitioner to PGI Rohtak or any other place pointed out by the petitioner to find out the alleged detenue.

The Haryana government submitted that Preetpal was never detained by the local police. It also informed the Court that he has been shifted to PGI, Chandigarh. The Court said that the only issue left for its consideration is the medical report.

However, on the petitioner's request to expand the scope of the petition to determine the legality of Haryana Police's action and grant of compensation, the Court directed the counsel for the petitioner to bring case law or find out the law to support his contention.

Today, another affidavit was filed by the Haryana Police because, in the previous affidavit, the exact location from where Preetpal was stated to have been found injured was not mentioned. 

"it is submitted that he was found in Rectangle No. 10 kila no.22 falling in the revenue estate of village Datasinghwala which falls under the territorial jurisdiction of Police Station Garhi, District Jind, Haryana," the affidavit stated.

While listing the matter for March 4th, the Court said, "the Director, PGIMER, Chandigarh, is most humbly requested to get Medical Board constituted about the injuries sustained by the aforesaid Pritpal Singh and send a report in this regard by the next date of hearing."

Counsel for the petitioner Advocate Ish Puneet Singh

Gurmeet Singh, Assistant Advocate General, Haryana for respondent Nos. 1 & 3.

Athar Ahmad, Deputy Advocate General, Punjab for respondent Nos. 2 & 4.

Mehak Sawhney, Advocate for respondent No. 5-PGI, Rohtak.

Title: Devender Singh v. State of Haryana & others

Click here to read/download the order