Singh’s family had approached the high court, claiming a bullet fired by Haryana Police had killed him.
New Delhi:
Dismissing the Haryana government’s contention that a judicial probe into the death of a farmer during protests in February would demoralise the police, the Supreme Court on Friday said that it could end up strengthening their hands instead.
Farmers had begun a march to Delhi on February 13 to press for their demands, including a law guaranteeing a minimum support price (MSP) for crops, but were stopped at the Shambhu and Khanauri borders between Haryana and Punjab, where they started camping after that. On February 21, the farmers clashed with the police and 21-year-old Shubhkaran Singh died,
His family approached the Punjab and Haryana High Court, alleging that he had died on being hit by a bullet fired by the Haryana police.
Noting that the investigation could not be handed over to the Punjab or Haryana governments, a high court bench, led by Acting Chief Justice GS Sandhawalia, had formed a three-member committee to probe the death. It said that the panel would be headed by Justice Jaishree Thakur, Retired Judge of Punjab & Haryana High Court and assisted by the additional directors general of police (ADGPs) of Punjab and Haryana.
The Haryana government challenged the high court’s order in the Supreme Court and, during a hearing on Friday, pointed out that one of the aspects that the committee was tasked with investigating was whether lesser force could have been used. Solicitor General Tushar Mehta, representing Haryana, told a bench of justices Surya Kant and Ujjal Bhuyan, that this could lower the morale of the police.
“This can never be a subject matter of judicial inquiry, it demoralises the police,” he told the bench.
Responding that sometimes such inquiries end up strengthening the hands of the police, the bench told Mr Mehta that the committee would only give an opinion and a final determination would be made by the court.
“Let us see what the committee will say, then we will determine. The committee will only give its opinion, the determination will either by the High Court or the Supreme Court,” Justice Kant said.
Justice Bhuyan also pointed to the Lakhimpur Kheri case – where eight protesters against the three farm laws, were mowed down, allegedly by the son of a Union minister – and said the inquiry into that was also monitored by a high court judge.
The court ruled that the committee would continue to probe the death and adjourned the matter for further hearing on August 22.
