High Court questions Haryana's claims of farmer Pritpal Singh being instigator amid claims of 'merciless beatings

Justice Harkesh Manuja takes note of injured farmer Pritpal Singh’s statement alleging that he was forcibly taken away from ‘territory of Punjab in Sangrur district’ by Haryana Police towards its side

Farmers during the ‘Delhi Chalo’ march at the Shambu border in Patiala district. Tribune file

Tribune News Service

Saurabh Malik

Chandigarh, March 14

The Punjab and Haryana High Court today described as afterthought and difficult to fathom the State of Haryana’s stand that allegedly detained farmer was “the main instigator” in an attempt to murder case registered after 15 police personnel were purportedly injured. The assertion came as Justice Harkesh Manuja refused to accept Haryana’s plea to close the proceedings in the habeas corpus petition filed by his father on the ground of having been rendered infructuous.

Justice Manuja also took note of injured farmer Pritpal Singh’s statement alleging that he was forcibly taken away from “territory of Punjab in Sangrur district” by the Haryana Police towards its side before being given merciless beatings. The Bench also referred to the petitioner’s submission that a complaint was submitted to the Punjab DGP’s officer regarding abduction and beatings. But so far no action was taken.

Appearing before Justice Manuja’s Bench, the counsel representing the State of Haryana, on the other hand, submitted that an FIR was registered on February 21 at Garhi police station in Jind district on the basis of the occurrence narrated by Pritpal Singh. Eight out of almost 15 police personnel injured in the incident named Pritpal Singh as the main instigator.

Haryana Additional Advocate-General Deepak Sabherwal also submitted that the present petition had become infructuous and further orders were not required to be passed once the alleged detainee had been traced.

Referring to the record, the injuries sustained by Pritpal Singh, the expert medical opinion and affidavits earlier filed on Haryana’s behalf, Justice Manuja observed the stand now taken clearly appeared to be an afterthought and beyond comprehension, compelling the court not to close the petition as having been rendered infructuous with Pritpal Singh’s release

Justice Manuja added the stand was in sharp contrast to the previous one reflected in an affidavit, where the State submitted that Pritpal Singh was found severely injured in the fields adjoining the barricades. He was shifted to a hospital considering his health condition

“In the affidavit, the State of Haryana nowhere pointed out even a single finger towards Pritpal Singh of being instigator, neither any reference to the statements of any police personnel was made in the affidavit, though the same was filed after almost five days of the incident dated February 21 and the investigation having already commenced by them”, Justice Manuja added.

The Bench also observed the contention regarding infructuous petition did not align with the legal principles established by the Supreme Court in Lalita Kumari’s case, which mandated the authorities to fulfill their statutory duties as per the Code of Criminal Procedure upon the notification of a cognizable offense. Additionally, it related to his fundamental right under Article 21 of the Constitution on his life and liberty.

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