Breaking: Lawyers Moves Supreme Court Seeking Independent Probe And Judicial Inquiry Into Violence During Farmers' Tractor Rally

LIVELAW NEWS NETWORK

27 Jan 2021 11:10 AM IST

  • Breaking: Lawyers Moves Supreme Court Seeking Independent Probe And Judicial Inquiry Into Violence During Farmers Tractor Rally

    Two Lawyers have moved Supreme Court seeking to constitute Constituting an Judicial Enquiry Commission for Inquiry into the violent incidents which took place in Delhi on 26th January 2021 during the protesting farmers Tractor March in Delhi.The Petition filed by Advocate Vishal Tiwari also seeks a direction to register the First Information Report under relevant sections of India Penal Code...

    Two Lawyers have moved Supreme Court seeking to constitute Constituting an Judicial Enquiry Commission for Inquiry into the violent incidents which took place in Delhi on 26th January 2021 during the protesting farmers Tractor March in Delhi.

    The Petition filed by Advocate Vishal Tiwari also seeks a direction to register the First Information Report under relevant sections of India Penal Code and other penal provisions against the person/s or Organization/s  found responsible for the violence and alleged dishonor of National flag. 

    The petitioner has submitted that the farmers decided to led a protest Tractor march in Delhi on 26th January 2021 and for this every arrangements by the police Administration and farmer unions were made. The route for march was decided, the manner in which the Tractor march will begin, run and End was decided. The number of Tractors and persons were also fixed. There was no rumour or information of any violence activity on 26th January. 

    "The Tractor march took a violent turn leaving injuries and destruction of public property. This incident also effected the daily life of the public. The Internet services were interrupted as government ordered the operators to suspend the same. In the present time the Internet services are very essential to carry out the work in different professions especially in Advocacy as the courts and our Supreme court of India is functioning online".

    The petitioner has submitted that the clash between police and farmers in Delhi on 26th January has caught global attention bringing shame to the nation. The matter is serious because when the protest was going on peacefully for last two months, suddenly it turned violence on 26th January. 

    "There may be some Conspiracy to cause disturbance and to damage the peaceful protest by some notorious forces or organizations and create a clash between police and protesting farmers. Or it was due to the lapses (may be deliberately) from the side of police Administration to create such circumstances in which disturbances will definitely occur".

    The petitioner has raised the following questions for the consideration of Court;

    The Question for consideration in National Security and public Interest arises that who is Responsible for creating the Disturbance and how and who turned the peaceful farmer protest into violent movement or How and who created the circumstances which let the protest turn violent-

    Is police Administration is responsible for it or for creating Such Circumstances?

    Are farmers responsible for breaking the conditions of tractor march and committing violence?

    Or, is there some other force which wants to end the peaceful farmer protest by proving them wrong?

    Or, are there some other forces or organization which in the shade of farmer protest wants to fulfil its ambitions and goals?.

    Another Supreme Court Advocate, Vineet Jindal has sent a letter petition to the Top Court, urging him to take suo moto cognizance of the disruptions and law and order situation created by the tractor rally. 

    He submitted,

    "On 26th January ,2021 , the tractor rally was supposed to proceed after 12 noon after the conclusion of Republic Day celebrations but the tractor rally was started at 8 am in the morning instead of 12 noon and the route map allotted by Delhi Police was not adhered to, instead different route was undertaken by the tractor rally which caused hardship to Delhi residents."

    He further pointed out that the rally caused a lot of menace and chaos by breaking the barricades and a lot of damage and destruction was caused to the public property which ultimately led to disruptions of law and order situation.

    "This further aggravated and caused a violent clash between the people in tractor rally procession and Delhi Police. During this violent clash, several people from the said procession as well as Delhi Police personals were injured," the plea added.

    Jindal also objected to hoisting of religious flag at the Red Fort in the following words:

    "Hoisting a religious flag, other than our national flag is also against the integrity and unity as laid by the constitution of India. Such activities hurt the secular spirit of the citizens of our country and also account to disgrace of our national flag and constitution of India."

    He submitted that the above acts raise a big question upon the kind of rally that was carried out and also sets a wrong example as the rules and guidelines set by the Delhi Police were openly flaunted.

    Jindal has therefore urged the Supreme Court to constitute an independent commission for enquiry of the above mentioned incident and a prompt action against all the culprits.

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