A file photo of farmer Shubhkaran Singh.
Credit: X/@Haryana_YC
Chandigarh: The Punjab and Haryana High Court on Thursday formed a panel headed by a retired HC judge to probe farmer Shubhkaran Singh's death during a clash between protesting farmers and Haryana security personnel. It also expressed anguish that youngsters were seen with weapons and women and children were "paraded in the front" during the protest.
A division bench of Acting Chief Justice G S Sandhawalia and Justice Lapita Banerji, which 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".
The bench formed the committee headed by retired HC judge Jaishree Thakur 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".
The committee will be assisted by Additional Director General of Police (Punjab) Promod Ban and ADGP (Haryana) Amitabh Singh Dhillon, according to the order.
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.
"In such circumstances, we are of the considered opinion that the matter needs to be supervised by a Committee headed by a retired judge of this court," said the court.
"The committee will give a 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," 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.
After the Haryana government showed some pictures of the protesting gatherings 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.
"Counsel for the State of Haryana has also handed over photographs of the gathering on the various dates i.e. 13th, 14th, 20th and 21st of February, 2024 which rather go on to show that apart from the younger elements which were armed with lathis and at certain places with swords and spears and sharp-edged weapons, they were also accompanied by women and unfortunately even children were paraded in the front.
"The claim of the counsel espousing the cause of the farmers also, after perusing the photographs which are 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.
"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,' said the order.
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 in order 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 the period of 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 staying at the Shambhu and Khanauri border points between Punjab and Haryana after their "Delhi Chalo" march was stopped by the security forces.