FARMERS PROTEST|| “Shameful”: High Court Criticizes Farmer Leaders for Using Children as Shields

Punjab and Haryana High Court orders judicial probe Today (March 7th), into death of young farmer. The Court has constituted a three-member panel led by a retired High Court judge to investigate the death of farmer Shubhkaran Singh. The farmer, Shubhkaran Singh from Bathinda in Punjab, was killed last month in clashes between security personnel and the farmers at the Punjab-Haryana border.

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FARMERS PROTEST|| "Shameful": High Court Criticizes Farmer Leaders for Using Children as Shields

NEW DELHI: Today(on 7th March), The Punjab and Haryana High Court has taken a stern stance against the misuse of children in demonstrations and the actions of the Punjab and Haryana governments. The court’s intervention underscores the escalating tensions and the tragic turn of events that led to the death of a young farmer, Shubhkaran Singh, during a violent clash.

The High Court expressed its dismay over the involvement of children in the farmers’ protests, labeling it as “shameful” and akin to using them as shields. The division bench, comprising Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji, reacted strongly to images presented by the counsel representing the Haryana government, showcasing children at the forefront of the protests.

“The use of children as shields is disgraceful, utterly disgraceful. Consider the age of these children. The protestors have orchestrated a situation akin to warfare, perhaps with the intention to later claim that women and children were harmed,”

– the bench remarked, highlighting the grave irresponsibility displayed by the protestors and questioning the kind of parenting that allows for such actions.

The court’s scrutiny extended to the events of February 21, when a protest turned violent, resulting in the death of 22-year-old Shubhkaran Singh from Bathinda district. The Haryana government’s counsel explained that the situation necessitated the use of water cannons, lathi charge, and pellet and rubber bullets by the police, leading to injuries among 15 policemen. However, the delay in investigating the young farmer’s death prompted the High Court to form a three-member panel, led by a retired High Court judge, to conduct a thorough investigation.

“The inquiry into the death cannot be entrusted to Haryana or Punjab for evident reasons. Therefore, a retired High Court judge will be designated, accompanied by two retired officers holding the rank of ADGP from Punjab and Haryana, to assist in the investigation.”

-the court declared.

The panel is tasked with examining the jurisdictional issues between Punjab and Haryana, the circumstances surrounding Singh’s death, and whether the force applied by the Haryana Police was proportionate to the farmers’ demonstration.

Senior Advocate APS Deol highlighted the court’s directive, stating-

“The three-member committee has been tasked with examining matters related to jurisdiction (between Punjab and Haryana in the case), the incident of the farmer’s death, and assessing whether the force employed by Haryana Police was proportionate to the farmers’ demonstration.”

The judicial probe into Singh’s death was initiated following a batch of petitions related to the farmers’ protest, signaling a growing legal and public outcry against the alleged excesses. The High Court’s actions, including the issuance of a notice on an application for a judicial inquiry and the recent filing of a Public Interest Litigation (PIL) against the Haryana Police, reflect the seriousness of the situation. Advocate Pradeep Kumar Rapria, representing the lawyer seeking the judicial probe, shed light on the discrepancies in the police’s claims, stating-

“The Haryana government had asserted the utilization of plastic bullets; however, the postmortem report contradicted this claim by revealing the presence of metallic pellets in the victim’s skull.”

The continuous farmers’ protests, characterized by the ‘Dilli Chalo’ march and occupation at the Shambhu and Khanauri border points, stand as a pivotal juncture in India’s agricultural and political arenas. The High Court’s involvement, notably in establishing a panel to inquire into Shubhkaran Singh’s death and condemning the involvement of children in protests, highlights the intricate dynamics involved.

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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