Supreme Court refuses to stay High Court order directing judicial inquiry into Punjab farmer's death during protest

PTI

New Delhi, April 1

The Supreme Court on Monday refused to stay the Punjab and Haryana High Court direction setting up a panel to probe farmer Shubhkaran Singh's death during a clash between the protesting farmers and the Haryana security personnel in February.

The Supreme Court said the supervision of the matter by a panel headed by a retired judge would infuse fairness and transparency.

The apex court was hearing a petition filed by the Haryana government challenging the high court's March 7 order which had formed a committee headed by a former high court judge to inquire into the death of Shubhkaran Singh during the clash.

Shubhkaran, 21, a native of Bathinda, was killed and several police personnel were injured in clashes at Khanauri 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 the security personnel from crossing the state border and marching to Delhi.

The plea came up for hearing before a bench of justices Surya Kant and KV Viswanathan on Monday.

Solicitor General Tushar Mehta, appearing for Haryana, referred to a paragraph from the high court's order and said this will demoralise the police force.

"If the police have to face PIL for every incident, how will they maintain law and order," he said, adding that hundreds of people had gathered there with lethal weapons.

The bench observed that sometimes, in public agitation, some miscreants take undue advantage of the situation.

Mehta said 67 police personnel were injured during the incident and if committees are to be appointed, what will be the morale of those who are maintaining law and order.

The bench said the high court was concerned with the homicidal death and the family members of the deceased had expressed some apprehensions.

It said the three-member committee is headed by a retired high court judge.

"We also appoint former judges to infuse fairness and transparency," the bench observed.

Mehta said the apex court may choose an officer and monitor the investigation in the case.

The bench observed the high court will take up the matter again on April 10.

"Let us see what happens. The matter is pending before the high court," it said. 

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