Farmers Protest | HC Expands Scope Of Habeas Plea, Says Haryana Govts Stand That Injured Protestor Was Main Instigator Appears To Be Afterthought

The Punjab & Haryana High Court today said that the Haryana Government's stand that the protester, who was allegedly severely injured and detained by the Haryana Police from the Punjab-Haryana border, is the main instigator of violence, "clearly appears to be an afterthought."Protestor Pritpal Singh's father had moved a habeas corpus petition alleging that the Haryana Police picked up his son from within the boundaries of Punjab for being part of a "peaceful farmers agitation" on February 21.An affidavit denying these allegations was filed by the Haryana government. It claimed the youth was found severely injured in the fields adjoining the barricades installed at the borders of the two states and he was immediately taken to hospital.However, in a statement recorded by CJM yesterday (March 14), Pritpal alleged that he was forcibly taken away from the territory of Punjab in District Sangrur by the Haryana police towards the Haryana side and was given merciless beatings.Haryana Government has now claimed that in the same incident which Pritpal has narrated, 15 Policemen were injured, in which 08 of the police officials have named Pritpal as the main instigator and an FIR has been lodged.While raising doubt on the Haryana Government's stand, Justice Harkesh Manuja said, "the aforesaid stand now being taken by the State of Haryana that Pritpal Singh was named by police personnel(s) as the main instigator, clearly appears to be an afterthought and beyond comprehension, which compels this Court not to close the present petition as having been rendered infructuous with the release of Pritpal Singh."The Court rejected the Haryana Government's argument that once the alleged detenue has been traced out, the present petition has become infructuous and thus, no further orders are required.Citing Sunil Batra v. Delhi Administration, [1980], the Court said that in that case, not only a letter from a prisoner regarding his torture was converted into a habeas corpus petition but rather further corrective measures were also taken and it was observed that writ jurisdiction of the Supreme Court under Article 32 and writ jurisdiction of High Courts under article 226 of Constitution of India is not bound by the rigid restraints of the traditional writs.Consequently, the Court directed the Punjab Government to file a reply after obtaining a copy of the statement of Pritpal Singh as recorded by CJM.The matter is now listed for April 02.Counsel for the petitioner Advocate Ish Puneet SinghDeepak Sabherwal, Additional Advocate General, Haryana for respondent Nos. 1 & 3.Athar Ahmad, Deputy Advocate General, Punjab and Siddharath Sandhu, Assistant Advocate General, Punjab for respondent Nos. 2 & 4.Deepali Verma, Advocate for Mr. Naveen S. Bhardwaj, Advocate for respondent No. 5.Title: Devender Singh v. State of Haryana & othersClick here to read/download the order

Farmers Protest | HC Expands Scope Of Habeas Plea, Says Haryana Govts Stand That Injured Protestor Was Main Instigator Appears To Be Afterthought

Aiman J. Chishti

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