Supreme Court refuses to stay judicial probe into Punjab farmer's death

The Supreme Court on Monday refused to stay the judicial probe ordered by the Punjab and Haryana High Court into the death of a 22-year-old youth during the agitation of farmers at the Punjab-Haryana border [The State Of Haryana v. Uday Pratap Singh].A bench of Justices Surya Kant and KV Viswanathan said those who had approached the High Court for judicial probe have "some genuine apprehensions"."Allegations are against Haryana Police. Let it come up before High Court on April 10," Justice Kant said.The bench also turned down the contention of the Haryana government that the order will impact the morale of the police force. "Your apprehension has no basis," the Court remarked. .The Court was hearing an appeal filed the Haryana government challenging a Punjab and Haryana High Court order. The High Court had, on February 7, ordered the setting up of a committee of a retired High Court judge and two Additional Director Generals of Police (ADGP) to probe the farmer’s death..The farmer, Shubhkaran Singhfrom Bathinda in Punjab, was killed last month in clashes between security personnel and the farmers at the Khanauri border. Various unions representing the farmers had on February 13 begun to march towards Delhi to protest for their demands including enactment of a law to guarantee a minimum support price (MSP) for crops.The farmers, currently camping at the borders of Punjab and Haryana, have faced stiff resistance from the Haryana Police who have used force to prevent them from marching towards the national capital.The order under challenge was passed by the High Court while hearing a matter related to the farmer protests.The committee to be set up was directed to be headed by retired Justice Jaishree Thakur.Pertinently, the the High Court had observed that an attempt has been made “by the State of Punjab to wash its hands off from investigating into the matter.”The High Court had also raised questions regarding the claim that police personnel from the Haryana side had only used rubber bullets in their action against the farmers..Pertinently, the the High Court had observed that an attempt has been made “by the State of Punjab to wash its hands off from investigating into the matter.”The High Court had even raised questions regarding the claim that police personnel from the Haryana side had only used rubber bullets in their action against the farmers..When the Haryana government's plea came up before the top court on Monday, Solicitor General (SG) Tushar Mehta, representing the State, questioned the registration of First Information Report (FIR)."If every incident police have to register FIR then how will they maintain law and order," Mehta said. Mehta also referred to the seriousness of the situation during protests and contended that "no one can function like this in front of swords, weapons and tanks."Sixty-seven policemen were injured during the protests, SG said and also added that a judge's function was not to investigate.However, the top court said that the High Court was only concerned with the one small issue of the homicidal death and that judges have been appointed in the past as well to infuse transparency and fairness.The Court rejected the contention of SG Mehta submitted that the Police will be demoralised by such an order for judicial probe. The Court added that the State would be vindicated If court decides in its favour..At this stage, Mehta asked whether a question on commensurate force would be asked even "when spears and tanks are used".The Court in response said,"Former judge will only monitor and infuse confidence. Are you experiencing difficulty in complying with committee?"SG Mehta, however, persisted and submitted that ADGP Haryana Amitabh Singh Dhillon can head the probe panel instead.The Court, however, stated that it could not be a solution for all conflicts."We cannot be panacea for all conflicts. States also have Constitutional courts," the Court said.It added that even in the Lakhimpur Kheri case, a former judge was heading the probe.Mehta urged the Court to not compare the two cases and contended that it would be demoralising for the police force."Tomorrow a police officer will be hesitant to fire because they can be dragged to the court! Why not trust the police force that has ultimate jurisdiction?" he said.The Court suggested waiting for the report. Further, it stated that the judiciary would take care of the morale of the force and people as well.Mehta argued that such an action would demoralize police forces. In reply, Justice Kant said with a smile,"You do not know Punjab and Haryana Police.".The Supreme Court will hear the case next on April 19.