Panel led by retd judge to probe farmer Shubhkaran Singh’s death at Punjab-Haryana border: High Court

Saurabh Malik

Chandigarh, March 7

Just about a fortnight after farmer Shubhkaran lost his life on the Punjab-Haryana border during the ongoing protests, the Punjab and Haryana High Court today constituted a committee headed by retired HC judge to supervise the matter after making it clear both Punjab and Haryana had several things to draw a veil over.

“Keeping in view the facts and circumstances, this court is of the considered opinion that the investigation regarding the death of Shubhkaran cannot be entrusted solely either to the Punjab or Haryana for reasons obvious as both the states have several things to cover up,” the Bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji asserted.

Report within month

• Justice Jaishree Thakur, retd HC judge, to be assisted by Punjab ADGP Parmod Ban and Haryana counterpart Amitabh Singh Dhillon
• Panel to give report within month on jurisdiction of police to probe death; cause of death, type of weapon, etc.

It also asserted Justice Jaishree Thakur, heading the committee, would be assisted by Punjab ADGP Parmod Ban and his Haryana counterpart Amitabh Singh Dhillon.

The Bench added the committee would first give a report on the police authorities having jurisdiction to investigate the death. This was essential as the place of occurrence and death had to be confirmed as one state was shirking its responsibilities, while the other was yearning to get its hands on the investigation. The cause of death, the type of weapon and the bullet/pellet would also be within the committee’s domain. The committee would also examine whether force used on certain days was “commensurate with the situation”. The compensation to be awarded following the death would also be worked upon. Both states were directed to provide all facilities to Justice Thakur. The officers nominated, too, were asked to provide full assistance to her. The exercise was directed to be completed within a month.

The Bench, during the course of hearing, took note of the fact that the death took place on February 21, but the FIR was lodged on February 28. The registering of the FIR at 10.45 pm a day before the HC hearing would show Punjab was dilly-dally and acted “once it was aware that the matter was coming up on the next day”. Referring to the FIR, the Bench observed it showed Shubhkaran was shot from Haryana side and fell down before he was picked up and taken to hospital at Khanauri. It was also brought to the court’s notice that a clash had taken place at Dhabi Gujran, purported to be in Punjab, as per the averments made in the FIR.

“The matter was sent to the police station for registration of the ‘zero FIR’ by recording the fact that the occurrence took place within the jurisdiction of police station Garhi (Haryana). Thus, an attempt has been made by Punjab to wash its hands of from investigating into the matter,” the Bench added.

It also referred to photographs handed over by counsel for Haryana before observing women and unfortunately even children were paraded in the front, in addition to the presence of youngsters armed with batons and, in some instances, swords, spears, and sharp weapons.

“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. It will 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,” the Bench added.

67 personnel hurt, court told

The Bench was told 67 personnel, both from police and paramilitary forces, sustained injuries in ongoing agitation. As many as 40 personnel sustained injuries at a naka at Datasinghwala, Jind, and 27 at a naka near Shambhu toll booth.