Karnal Lathi Charge- "Wrong To Say That Police Attacked Protestors On SDM Ayush Sinha's Directions": Haryana Govt Submits In P&H High Court

The reply further states that SDM Ayush Sinha was 13 km away from the spot and that the protesters continued to take law and order into their hands even after assuring them of peaceful protest.

The plea before the Court

This response of the Haryana Government has been filed on a writ plea filed by protestors who had alleged that the then SDM of Karnal Ayush Sinha had ordered the police to break the heads of the protesters and that this order was a direct violation of the constitutional and fundamental rights of these farmers.

The plea prays for an inquiry against the guilty officer SDM Ayush Sinha, DSP Varinder Saini and Inspector Harjinder Singh by a retired judge of the High Court.

It is important to note that the Haryana government earlier this month transferred Karnal sub-divisional magistrate (SDM) Ayush Sinha, who was recently caught on camera instructing policemen to "break heads" of farmers during protest if they breached the security cordon.

Further submissions of the Haryana Police/Govt

The reply has been filed by way of affidavit of Mamta Singh, IPS, Inspector general Of police, karnal range stating thus:

"In recent years there has been a trend where the protesters have found blocking the roads, state and national highways, railway tracks etc as the most convenient way to pressurize the state to succumb to their demands irrespective of the nature and merits of such demands"

The reply further states that there has been a sequence of events emerging where the farmer protestors first give a call to protest the programs of elected representatives even if the program pertains to good governance or welfare measures of the public.

"When the protests go unruly police is forced to act to maintain law and order and safeguard the elected representative. The farmers sit on roads in protest of police action and if there is any FIR, they pressurize the government to withdraw FIR else they will continue with road blockade. This sequence is repeating again and again in recent times," the reply adds.

The reply also states that the victims of police brutality were in fact attacking the police force by Kassi and that one petitioner fell down during this illegal action and sustained injuries.

Further, the reply has also submitted that the claim of the petitioners to project that under the guidance and directions of SDM Ayush Sinha, the police force assaulted them isn't correct that it is an attempt on part of petitioners to obfuscate and divert the attention of the court from their unlawful act of sealing the national highway causing harassment and trauma to hundreds and thousands of passengers stranded on the road under the threat and fear of physical harm as well as damage to their property.

"Petitioners of present petition were in fact members of unlawful assembly and violators of law hence don't deserve any compensation rather they should be held liable to pay for the loss in terms of man-hours of the people who got stranded on National highway that day," the reply reads.

Lastly, the reply seeks dismissal of their plea and a direction to the petitioners as well as farmer protestors and unions to vacate the National and state highways in Haryana and to not to resort to the practice of road blockade as a means of protest under the disguise of "RIGHT TO PROTEST".