Shubhkaran case: SC refuses to stay HC order directing judicial inquiry into farmer's death during protest

New Delhi: The Supreme Court on Monday declined to stay the Punjab and Haryana High Court's order for a judicial inquiry into the death of a farmer, Shubhkaran Singh, during clashes between Haryana police personnel and the protesting farmers, saying the right to fair investigation needs to be protected.

A bench of Justices Surya Kant and K V Vishwanathan rejected Solicitor General Tushar Mehta's fervent plea raising concern over "the adverse impact upon the morale of the police as 67 personnel sustained injuries during the clashes and the FIR by the Punjab police was lodged seven days after the homicidal death."

The bench said the judiciary will take care of morale of the force, and those who had moved the high court seeking judicial probe have "some genuine apprehensions".

The Haryana government assailed the High Court's order to set up a panel to probe the death of Singh.

The court noted there was a homicidal death due to a rubber bullet as per the FIR and the incident took place on the Haryana side of the border but no FIR was registered in the matter. On the other hand, after a gap of a week, the Punjab police registered an FIR.

The court noted that the matter would come up again before the High Court on April 10.

Mehta claimed farmers were carrying lethal weapons and questioned if police were to face a PIL in each incident "then how they would maintain law and order".

He insisted that the incident occurred on the Haryana side of the border.

"Now a committee will examine whether the action was proportionate or not….no police officer will be able to discharge his duty, whether it is Punjab police, Haryana police, or any other police, if there is the threat hanging,” Mehta contended.

Mehta asked the apex court to appoint a person of its choice to monitor the matter.

Mehta contended that a Punjab officer, who did not register an FIR for seven days in a homicidal death, is part of the committee and will now decide what report has to be filed.

The bench said he is a responsible officer and he holds the rank of additional director general of police (ADGP).

Mehta submitted that ADGP Haryana Amitabh Singh Dhillon can head the probe panel instead.

"We cannot be a panacea for all conflicts. States also have constitutional courts," the bench said.

The bench also said that even in the Lakhimpur Kheri case, a former judge was heading the probe. Mehta urged the bench to not compare the two cases. The court asked the state government to wait for the report of the committee and fixed the matter for further hearing on April 19.

On March 7, the High Court formed a panel headed by a former HC judge to inquire into the farmer’s death. Shubhkaran, 21, was a native of Bathinda. 12 police personnel were injured in clashes at Khanauri on the Punjab-Haryana border on February 21.

Retired High Court judge Justice Jaishree Thakur was tasked with heading the committee to inquire into various aspects of the case. The HC had said that the investigation into the death could not be entrusted solely either to Punjab or to Haryana for “reasons obvious, as both states have several things to cover up”.

According to the order, the committee will be assisted by Additional Director General of Police (Punjab) Promod Ban and ADGP (Haryana) Amitabh Singh Dhillon.

A division bench of Acting Chief Justice G S Sandhawalia and Justice Lapita Banerji had said that “it was a sad state of affairs” that youngsters were “armed with lathis and at certain places with swords and spears and sharp-edged weapons” and children were “being exposed to violence”.