Chandigarh: HC seeks response on plea seeking withdrawal of FIRs against farmers

The Punjab and Haryana High Court today sought response from the UT Director-General of Police (DGP), the Union of India, and other functionaries on plea filed by farmers seeking directions to the “competent authority” to forward necessary no-objection communication to the Ministry of Home Affairs for the withdrawal of FIRs registered against them during the farmers’ protest.

This, the petitioners contended, was in terms of the Centre’s policy decision dated December 9, 2021.

Taking up the matter, Justice Jasjit Singh Bedi fixed August 18 as the next date of hearing in the case.

“In response to the nationwide farmers’ agitation against the three farm laws enacted in 2020, which were subsequently repealed via the Farmers Law Repeal Act, 2021, the Union Government had agreed not only to repeal the laws but also to withdraw all criminal cases/FIRs registered against protesting farmers. Pursuant to this, a directive dated December 9, 2021, was issued by the Government of India, delegating powers to respective State Governments to withdraw such FIRs,” Kirpal Singh and 27 other petitioners contended.

Elaborating, they added various states including Haryana and Uttar Pradesh initiated the withdrawal process. The petitioners, relying on the same understanding, submitted a representation dated June 21, 2022, to the UT Senior Superintendent of Police requesting withdrawal of three FIRs.

It was added that the Centre initiated the process for withdrawal of certain FIRs and via communication dated July 14, 2023, sought comments or no objection certificates from relevant authorities. In response, a letter was sent on July 25, .2023, to UT Director-General of Police for necessary input.

“Despite repeated follow-ups, and a delay of over two-and-a-half years, the authorities have failed to act, compelling the petitioners to seek relief through this Court. This non-action is a violation of their fundamental rights under Articles 14, 19, and 21 of the Constitution, and frustrates the promise made by the Union Government. Accordingly, the Petitioners seek issuance of appropriate writs/directions for withdrawal of the FIRs and for staying further proceedings arising out of the same, to prevent continued infringement of their fundamental rights and ensure the enforcement of the settlement reached with protesting farmers,” it was added.