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The Legal Affair

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The Legal Affair

Let's talk Law

Punjab & Haryana High Court Orders Judicial Inquiry into Farmer’s Death

Punjab & Haryana High Court Orders Judicial Inquiry into Farmer’s Death

Introduction:

The Punjab & Haryana High Court takes a significant step by ordering a judicial inquiry into the death of protesting farmer Shubhkaran Singh on February 21 at the Punjab-Haryana border. Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji constitute a three-member committee for the inquiry, highlighting the need for an impartial investigation into the incident. The court also addresses concerns about the use of excessive force, delays in filing an FIR, and the nature of ammunition used on protestors.

Arguments:

The petitioners challenge the alleged obstructive actions of the government, seeking judicial intervention. The Haryana government presents pictures of protesting sites, revealing the use of children as shields, prompting strong remarks from ACJ Sandhawalia. The court questions the Haryana government on the type of ammunition used on protestors and demands details. ASG Satya Pal Jain informs the court about the Central Government’s willingness to engage in discussions with farmer leaders, emphasizing ongoing remedial measures.

Court’s Judgement:

The High Court orders a judicial inquiry, forming a committee with a retired High Court judge and two officers of ADGP rank from Haryana and Punjab. ACJ Sandhawalia criticizes the use of children as shields and questions the nature of ammunition used. The court perceives the farmer’s death as a case of excess police force, rebuking the delay in filing an FIR. It underscores the need for an impartial investigation by constituting a committee and directs the States to provide ADGP officer names promptly.