HC-appointed panel inspects spot where farmer was killed
CHANDIGARH/ROHTAK: The committee, headed by former judge of Punjab and Haryana high court Justice Jaishree Thakur, which is looking into the issue of police jurisdiction for conducting investigation in the death of a young farmer, Shubh Karan, at Khanauri barrier during the farmers’ agitation, on Thursday inspected the spot where he was injured and killed. Shubh Karan was allegedly killed in police action on February 21.
The committee appointed by the high court (HC) made an on-site visit at Jind on Thursday to establish the place of occurrence and cause of death of the young farmer. The committee is likely to submit an interim report to the high court by May 28.
Acting on a public interest litigation, an HC bench headed by acting chief justice, GS Sandhawalia had on March 7 constituted the committee headed by Justice Thakur (retd) stating that the court is of the considered opinion that the investigations regarding the death of Shubh Karan cannot be solely entrusted to the governments of Punjab or Haryana as both the states have several things to cover up.
The committee has been asked to give a report as to which of the police authorities will have the jurisdiction to investigate the death of Shubh Karan since the place of occurrence and the death has to be confirmed as one state is shirking its responsibilities whereas the other is yearning to get its hands on the investigation, the HC order said.
The committee is also looking into the cause of death of Shubh Karan and from which type of weapon did the bullet/ pellet emanated. It will also examine whether the force which was used was commensurate with the situation, besides working on the issue of compensation to be awarded to the family of the deceased.
Farmer leader Abhimanyu Kohar said that the justice Thakur (retd) met the farmers’ delegation at a rest house in Jind’s Narwana. “She spoke to us and we apprised her of the entire incident. She, along with her team, visited the Khanauri-Jind border and our protest site too. As the matter of Shubh Karan’s death is under judicial probe, we don’t want to comment on it. We hope that the guilty will not be spared,” Kohar added.
Justice Thakur (retd) had on April 10 informed the HC that
information sought from Punjab and Haryana has been received from the additional director generals of police (ADGPs) of the two states. The Committee had sent notices to the petitioners to be present at the PWD guest house, Narwana, on April 18. Duty magistrates, revenue and police officials were also asked to be present to assist the Committee to ascertain the spot where the young farmer was injured and later succumbed to his injuries.
The HC was told that it would take the committee a minimum of six weeks to give an interim report about the spot where Shubh Karan died, the issue of jurisdiction and the type of weapon which killed him. More time was sought by the Committee regarding examining the issue of use of force and whether it was commensurate with the situation as evidence will have to be collected and detailed investigation will have to be done.
The March 7 HC order said that the FIR lodged by Shubh Karan’s father Charanjit Singh show that Shubh Karan was shot at the back of the head from Haryana side and fell down. The court said he was picked up and taken to a hospital in Khanauri. “The police action would go on to show that he died due to the shot of rubber bullet/pellet from Haryana side. Whether it was due to the negligence and carelessness has to be investigated. The matter was sent to the police station for registration of zero FIR by recording the fact that the occurrence took place within the jurisdiction of Garhi police station in Haryana. Thus, an attempt has been made by the state of Punjab to wash its hands off from investigating the matter,” the order said.
It also said as per the averments made in the FIR a clash had taken place at Dhabi Gujran, which is allegedly in Punjab. “The post-mortem report would also go on to show that as per the information provided by the police, the deceased died due to rubber bullet/pellet. The post-mortem report of the hospital, however, records the presence of various multiple metallic density foreign bodies,” the HC order said.