Both Punjab and Haryana Have Several Things to Cover Up: Punjab and Haryana HC Appoints Committee Headed by Retired Judge to Investigate Death of Subh Karan
The Punjab and Haryana High Court addressed the complex jurisdictional and investigative challenges surrounding the death of Subh Karan amid the farmer’s protests, highlighting the need for impartial inquiry beyond the purview of state influence.
Facts and Issues Arising:
The case revolves around the death of Subh Karan during farmer protests. Issues include delayed FIR registration, discrepancies in post-mortem reports, and contested jurisdiction between Punjab and Haryana. The use of force by police and injuries to personnel and protestors, coupled with claims of police excesses, underscored the urgency for an independent probe.
Court’s Assessment on Legal Points and Issues:
Jurisdictional Conflict: The court observed both states shirking responsibility for investigating Subh Karan’s death, necessitating an independent committee.
Use of Force: Assessments are needed to ascertain if police actions were proportional to the protest situation.
Compensation: The committee will also address compensation issues for Subh Karan’s death.
Process Transparency: The court emphasized a fair and impartial investigation, distancing from state-controlled probes.
Directions:
The Court appointed a committee headed by Justice Ms. Jaishree Thakur, a retired judge, assisted by senior officers from both states, to oversee the investigation into Subh Karan’s death and related incidents. The committee will also examine the proportionality of police force and work on compensation aspects. The report is due within a month.
Date of Decision: March 7th, 2024
Uday Pratap Singh Vs. UOI & Others,
