Plea In SC Seeks Safety And Protection For Protesting Farmers, Stop Propaganda Against Sikh Community, Probe In To The Death Of Sikh Youth During Farmers Protests

Petitioners have sought removal of the iron nails and cemented barricades which have been illegally installed to stop the famers' ingress and egress from the place of protest near the borders. It has further sought for Court's directions for an uninterrupted Internet access at all the border points i.e. Singhu, Ghazipur, Tikri where the famers are protesting against the farm laws.

The petitioners submitted that the incidents that took place on 26th January, 2021 appear to be highly motivated and a pre-planned attempt to throttle the voices of the poor farmers, who were protesting against the farm laws for more than 60 days facing all odds.

According to the petitioners, they have filed the plea for protection of the fundamental rights of their fellow citizens, which is being infringed by an illegal design framed by the Government of India to throttle the voices of poor famers, wagging battle against the three farm laws by making peaceful protest.

False Propaganda Against Sikh Community

The petitioners have stated that they are aggrieved by the propaganda and hate news being published by some of the news channels (like AajTak, Republic Bharat, ABP news etc.) and over the social networking sites (like Twitter, YouTube, Facebook, WhatsApp, Instagram etc.) spreading hate against the entire Sikh community for the alleged mis-deeds and sinful acts of the few elements. Therefore they have urged that the entire media be restricted from spreading hate news against the entire Sikh community and be asked to tender unconditional apology for hurting the religious sentiments of the Sikh community by terming them as terrorists and denoting their 'Nishaan Sahib' as 'Khalistani Flag'.

The hate news published by them has been causing irreparable loss and injury to the entire Sikh community which cannot be compensated in any manner. The social networking sites where fake hate news is allowed to be published, is also deterrent to our society. If, the hate news/publications against the Sikh community are not stopped immediately, it might result into dastardly situation and may bring disharmony in the entire country.The Plea has urged the Court to constitute a judicial enquiry and seek its report on the missing famers and the atrocity committed upon the poor famers and protesters.

Internet Shutdown

Petitioners are also ggrieved to learn that the Government of India had prohibited/suspended the access of internet facility at the borders, where the farmers are protesting, which is sheer violation to the fundamental rights of a citizen.

The suspension of internet order issued by the Ministry of Home Affairs is a gross misuse of power by the Central Government and is causing disruption to individuals in exercising their fundamental rights in the adjoining areas and also of the protestors in violation of the Fundamental Right conferred under Article 19 (1) (a) which had been upheld by the Hon'ble Supreme Court in Anuradha Bhasin v. Union of India (2020) 3 SCC 637 and Foundation for Media Professionals v. Union Territory of Jammu and Kashmir and Another (2020) 5 SCC 746. 

Barricading

The Petitioners submitted that the protest sites are heavily surrounded and guarded by police barricading where entry has been completely blocked, cops are digging roads, barricading has been increased to four layers on the main highway connecting Delhi with Haryana, heavy deployment of para military forces adding to the tension, as reported by the Hindustan Times. The fourth pillar of the democracy which is the Media is also being restricted at the protest site. 

Prayers

* Direct the authorities to ensure safety and protection of the farmers, who are protesting at the borders of the points i.e. Singhu, Ghazipur, Tikri, in the interest of justice. 


* Direct the authorities to ensure that the supply of basic amenities such as water and electricity etc. may not be stopped at the places, at the borders of the points i.e. Singhu, Ghazipur, Tikri, in the interest of justice. 


* Direct the authorities to remove the iron nails and cemented barricades etc. which has been illegally installed to stop the famers' ingress and egress from the place of protest i.e. Tikri border and any other borders, to meet the ends of justice. 


* Direct the authorities/Governments to ensure an uninterrupted Internet access at the entire border points i.e. Singhu, Ghazipur, Tikri where the famers are protesting against the farm laws and consequent thereto, set- aside/quash the order dated 31.01.2021 bearing no. 22016/12/2019-CIS-IV being ultra vires to the Constitution of India and against the law laid down by this Hon'ble Court 
in the case of 'AnuradhaBhasin v. Union of India 

* Direct the entire media, from spreading hate news against the entire Sikh community and tender unconditional apology for hurting the religious sentiments of the entire Sikh community by terming them as terrorists and denoting their 'Nishaan Sahib' as 'Khalistani Flag'. 


* Constitute a judicial enquiry to submit its report on the missing famers and the atrocity committed upon the poor famers/protesters. 


* Direct probe by such agency, which this Hon'ble Court may deem fit and proper, in the unfortunate incident of death of a young boy namely Navneet Singh resident ofBazpur, District Udham Singh Nagar, Uttarakhand during the protest, who had allegedly sustained gunshot injury, but, in his PMR, the cause of death has been reported as "shock and hemorrhage as a result of ant mortem head injury" andsubsequently, the eye witness to the said incident has also been reported dead. 


* Direct the Police Authorities and Courts below to ensure compliance of the law laid down  in the case of 'Arnesh Kumar'in letter and spirit. 


The plea has been filed by Advocate Manju Jaitley on behalf of the petitioners Advocates Sanpreet Singh Ajmani and Pushpinder Singh.