The Punjab and Haryana High Court on Thursday pulled up farmers for “parading” women and children in the front during their Delhi Chalo march during a clash between protestors and Haryana police personnel.
The high court bench of Acting Chief Justice G S Sandhawalia and Justice Lapita Banerji, observed while forming a panel to investigate the recent death of one of the farmers Shubhkaran during the clashes. The court also expressed deep anguish over the presence of minors and women with weapons during the protest.
After the Haryana government showed some pictures from the farmers’ protest showing the presence of some children and women, the court said it was a sad state of affairs that children who should be studying were being exposed to violence.
“The claim of the counsel espousing the cause of the farmers also, after perusing the photographs taken on record, can be seriously doubted. It is a sad state of affairs that children who should be studying at the schools are being taught and are being exposed to violence when they are not supposed to be,” said the court.
“Young minds being exposed to violent acts would lead to have a damaging effect on the psychology of such children and apart from that the threat of being injured on account of stone pelting which was taking place in the apparent riot-like situation,’ the court added in its order.
The High Court was hearing petitions on the farmers’ agitation, said that “it was a sad state of affairs” that youngsters were “armed with lathis and at certain places with swords and spears and sharp-edged weapons” and children were “being exposed to violence”
High Court Forms Panel To Probe Protestor’s Death.
The panel, headed by retired HC judge Jaishree Thakur, has been directed to inquire into the various aspects of the case, saying the investigation regarding the death of Subhkaran, 21, cannot be entrusted solely either to Punjab or to Haryana for “reasons obvious as both states have several things to cover up”.
Shubhkaran, a native of Bathinda, was killed and 12 police personnel injured in clashes at Khanauri border point on the Punjab-Haryana border on February 21. The incident took place when some protesting farmers were trying to head towards barricades and were stopped by security personnel from crossing the state border and marching to Delhi.
“The committee will report as to whether which of the police authorities will have jurisdiction to investigate the death of Subhkaran 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,” PTI reported quoting the court’s order.
The probe committee will be assisted by Additional Director General of Police (Punjab) Promod Ban and ADGP (Haryana) Amitabh Singh Dhillon, according to the order.
The cause of death of Subhkaran and from which type of weapon the bullet/pellet emanated would also be within the domain of the committee, said the order.
The committee shall also examine the issue of whether the use of force was commensurate with the situation and give its report, it said. The issue of compensation to be awarded on account of the death of Subhkaran shall also be worked on.
The court ordered that both Punjab and Haryana will provide all facilities to the retired HC judge and the officers shall provide full assistance to her.
“It will be the discretion of the retired judge where to hold the meetings and make site visits to ascertain the responsibilities which have been fixed. The state of Haryana shall provide the necessary conveyance facility, it said. The exercise is to be completed within a month, according to the order.
The said retired judge will be paid remuneration of Rs 5 lakh for each month which will be shared equally by both the states. “Both the states shall also ensure that adequate security by way of one PSO each is provided to the retired high court judge,” it said.
The court has fixed April 10 as the next date of hearing. The Punjab government has already registered a murder case in a Zero FIR in the matter.
The Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha are spearheading the ‘Delhi Chalo’ march to press the government to accept their demands, including a legal guarantee for minimum support price for crops and a farm loan waiver.
The protesting farmers have been put up at the Shambhu and Khanauri border points between Punjab and Haryana after the security forces stopped their “Delhi Chalo” march.
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