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Delhi HC Dismisses PIL Against Govt. Decision To Declare As "Martyr" Farmer Who Committed Suicide During AAP Rally [Read Judgment]

Apoorva Mandhani
29 Dec 2017 4:02 PM GMT
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The Delhi High Court has dismissed the challenge to the State's decision to declare as a "martyr" a Rajasthan-based farmer who had allegedly hanged himself at an AAP rally at Jantar Mantar in New Delhi. The incident had occurred during an anti land bill rally called by Aam Aadmi Party (AAP).

The Bench, comprising Acting Chief Justice Gita Mittal and Justice C. Hari Shankar, noted that the Lieutenant Governor of Delhi has directed the Ministry of Home Affairs of the Government of India and the Ministry of Defence to reexamine the proposal.

It then observed, "Although, the petitioner may have flagged an important issue regarding the manner in which public funds would be dispensed, given the fact that the respondents are not implementing their decisions, we are not required to comment on this aspect of the matter. It would therefore, appear that the apprehensions of the petitioner are premature at this stage and inasmuch as the said impugned decisions are not being implemented."

The Court was hearing Petitions demanding that the State be restrained "from glorifying, justifying, supporting, propagating and consecrating the act of suicide committed by Rajasthan-based politician-cum-farmer named Gajendra Singh Kalyanwat on April 22, 2015 at Jantar Mantar.."

The Petition had further opposed the State's decision to launch a Farmers' Compensation Scheme after his name, apart from promising government job to one of his kin on compassionate ground. The Petition was quoted as saying, "This act of respondent 1 (Delhi government) was nothing but an effort to glorify, justify, praise, support and consecrate the act of suicide, attempt thereof itself is an offence under section 309 of Indian Penal Code, 1860."

It had, in fact, asserted that the State's decision was also "a kind of abatement and temptation to others to commit such a criminal and cowardly act which is not only prejudicial to public interest but also a hostile attitude to the sanctity of life and thus, nobody, what to talk about the government, can support and glorify such an act."

Besides, it had also sought directions to the Delhi Police to "not grant any permission to any person, party or group to stage any kind of 'dharna' or protest at Jantar Mantar" in the future.

Read the Judgment Here

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