Farmers Union Moves Plea Before AG Seeking Contempt Against Haryana Chief Minister For Alleged Contemptuous Statements

A farmers Union named "Sabka Mangal Ho" has moved a petition before the Advocate General of Haryana seeking invocation of Criminal Contempt of court for allegedly making contemptuous statement in relation to a matter pending enquiry before the High Court, allegedly with regard to lathi charge on Farmers protesting against the Farmers' enactments.

"That through this Petition the Petitioner seeks to prosecute Shri Manohar Lal Khattar  under the Contempt of Court Act; 1971, for making contemptuous statement in open press conference in connection with the matter pending enquiry; in pursuance to the directions of the Hon'ble High Court in CWP-14874- 2020, which has lowered or tends to lower the authority of Hon'ble High Court of Punjab & Haryana; culminating into the interference in the administration of justice, ultimately undermining people's confidence in administration of justice. The Criminal Contempt of Court is self-explanatory of the forthcoming facts and circumstances of the case"

On September 18, The Punjab & Haryana High Court had directed the DGP, Haryana to 'sensitize' police officials performing duties during these protests, about the Guidelines for Police, laid down by the Supreme Court in the DK Basu Case.

The Bench of Justice Arun Monga was hearing a plea filed by the Haryana Progressive Farmers Union, alleging that the during the farmers' protest against the Agriculture Ordinances on September 10, 2020, few unknown persons, some in police uniform and others without, resorted to lathi charge to dispel the crowd. In the said incident, numerous farmers, including many old aged, were allegedly injured by unknown police officials but even the basic medical care was not provided.

Justice Monga disposed of the plea as he remarked that no doubt the procedural safeguards envisaged in the DK Basu Guidelines have to be observed by the Police administration, in letter and spirit. He said that he expects the competent authority to look into the matter and pass appropriate orders, "as expeditiously as possible".

In this backdrop, the petitioner-union has alleged the Chief Minister being in a constitutional position does not belong to any particular political party but rather he is the head of the State to aid and advise the Governor to run the affairs of a State. 

"Therefore, while holding a constitutional post the contemnor exercises substantial control and influence over the police administration and general administration."

It is stated that prior to the aforementioned, the Petitioner states that while keeping in view the grace attached with the constitutional position of a Chief Minister, and with a view to avoid initiating proceedings under the Contempt of Court Act, 1971, got issued Legal Notice dated: 22nd September, 2020, to the Contemnor through E-mail.

"However, the Contemnor has not at all responded to the Legal Notice and has undermined the people's confidence in the public administration in general and administration of justice in particular," the plea reads.

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