Farmers Protest | Haryana Govt Approaches Supreme Court Against High Court Directing Judicial Inquiry Into Death Of Protesting Farmer

According to the case details available on the Supreme Court's website, the instant appeal was filed on March 11. However, it is still on the defect list. In other words, the registry has not cleared it for listing.

In the order passed by the Punjab & Haryana High Court, Acting Chief Justice (ACJ) GS Sandhawalia and Justice Lapita Banerji, said that the investigation cannot be handed over to Punjab or Haryana "for obvious reasons". Notably, the High Court also constituted a three-member committee consisting of a retired High Court judge and two officers of ADGP rank from Haryana and Punjab. The Court formed a three-membered committee headed by Justice Jaishree Thakur, Retired Judge of Punjab & Haryana High Court, who will be assisted by Parmod Ban, ADGP, Punjab, and Amitabh Singh Dhillon, ADGP, Haryana.

The bench also questioned the Haryana government on what kind of bullets and pellets were being used on Protestors by Haryana Police and asked them to give details on the same.

Perusing the affidavit filed by the States, the Court said the death was apparently a case of excess police force. It also pulled up the Punjab Police for delay in lodging an FIR on the death of the Protestor, as the incident took place on February 21, and the FIR was lodged on February 28.

Before the High Court, ASG Satya Pal Jain submitted that the Central Government is open for discussions with Farmer leaders in Chandigarh or Delhi, wherever they want and certain remedial measures have already been taken.

The farmers are protesting in demand of a law guaranteeing MSP, among other things. The petitioner has alleged that Haryana police/paramilitary resorted to heavy shelling of tear gas and, by taking shelter from the smoke, opened fire on the protestors, in which Shubhkarn Singh died.

The plea also sought the issuance of directions to the Centre and State to place on record the complete data of the tear gas shells, pellet guns and rubber, real bullets used by the police, and para-military forces to enable the Court to ascertain "whether the force used by the police/para-military forces on their own countrymen is reasonable or indiscriminate and inhuman."

Petitioner stated that "the Haryana police/ para military forces have unleashed the terror on the protestors that too after entering the jurisdiction of Punjab."

"The silence of the Punjab police and the Administration on rampant violation of the jurisdiction issues is also surprising. Till date no official information has come on record that whether the DGP Punjab or chief secretary Punjab have recorded their objections protest with their counter part with regard to use of excess forces on residents of Punjab and within jurisdiction of Punjab," the plea read.

Case Title: The State Of Haryana Vs. Uday Pratap Singh |Diary Number 11369-2024