Farmers Protest | Punjab & Haryana High Court Grants 6 Weeks Time To Judicial Probe Committee To Submit Report On Protester's Death

The Punjab and Haryana High Court today granted six weeks time to the judicial probe committee to submit its report on the death of a protesting farmer, Shubhkaran Singh.

Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji took note of the communication sent by the probe committee, wherein it informed the Court that six weeks would be required to probe into the death of Shubhkaran Singh. The Court asked both the States to cooperate with the committee.

Singh lost his life on February 21 while protesting, inter-alia, for the demand of a law guaranteeing Minimum Support Price (MSP) for crops on the Punjab-Haryana border. It is alleged that he died after being hit by a bullet fired by the Haryana police.

On March 7, the Court said that the investigation into death of Singh, cannot be handed over to Punjab or Haryana "for obvious reasons" "as both the States have several things to cover up", and constituted a three-member committee consisting of a retired High Court judge Justice Jaishree Thakur and two officers of ADGP rank from Haryana and Punjab.

The decision was challenged before the Supreme Court by the Haryana Government opposing the order of a judicial inquiry into the death of a protesting farmer. Refusing to stay the High Court order, the Court orally observed that a judicial probe would ensure a fair investigation of the allegations against the Haryana police.

"The High Court, in its wisdom, has thought of (appointing) a former judge, why should we (interfere) with that...The right to fair investigation also needs to be protected ...," Justice Surya Kant, the presiding judge, orally told Solicitor General of India Tushar Mehta, who was vehemently opposing the order for judicial probe.

While constituting the committee in March, to probe the matter, the High Court had issued the following directions"

 (i) It will firstly give a report as to whether which of the police authorities will have jurisdiction to investigate in the death of Subh Karan since the place of occurrence and the death firstly has to be confirmed as one State is shirking its responsibilities whereas the other is yearning to get its hands on the investigation. The cause of death of Subh Karan and from which type of weapon the bullet/pellet emanated would also be within the domain of Committee.

(ii) The Committee shall also examine the issue whether the force which was used on the dates mentioned above was commensurate with the situation and give its report.

The matter is deferred to the last week of May for further consideration.

Title: Uday Pratap Singh Vs. UOI & others