Special Accounting Areas - Hire purchase agreement
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August 29, 2021.
To
Justice Arun Kumar Mishra,
Hon’ble Chairperson,
National Human Rights Commission (NHRC)
URGENT ATTENTION: Police Brutality on Peaceful Protesters in Karnal
(Haryana) on August 28, 2021 on the abetment of SDM Karnal Ayush Sinha IAS.
Dear Sir,
It has come to our attention that the Haryana Police on the abetment of Civil
administration is once again targeting Kisan activists and farmers peacefully
protesting against the Farm Laws in the state on the call of ‘Sanyukt Kisan Morcha,
Delhi Borders’. The police employed tactics such as extreme and brutal physical
assaults leading to a bloodshed at the protest spot with several protesters
sustaining critical injuries.
1. That on August 28, local Kisan activists and farmers peacefully protesting
against the Farm Laws in the state on the call of ‘Sanyukt Kisan Morcha,
Delhi Borders’, were protesting at ‘Gharaunda’ and ‘Bastara’ Toll Plazas in
Karnal District of Haryana. As per call given by the SKM the leaders of ruling
party would not to be allowed to address the public rallies without solving the
Kisan issue. The BJP government and its leaders, mainly in Punjab and
Haryana, have been facing farmers' ire against the three contentious
agriculture laws that have triggered widespread protests, particularly on the
borders of the national capital, where farmers have been protesting since
November, 2020. That on 28th
August, 2021 the arrival of CM of Haryana Sh.
Manohar Lal Khattar has been scheduled to visit the Karnal with respect to
forth coming Panchayat Elections of Haryana state.
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2. So, the Kisan of locality has been gathering since morning of 28th
August,
2021. It is also revealed by a video clip on social media and confirmed by
various prime news agencies of the country, that the SDM Karnal Ayus Sinha
IAS addressed the police official being Duty Magistrate and ordered to the
police official to no one from the farmers agitators should be spared that day
you have to smash their heads, injured them by using Lathis and if anybody
goes then only with vital head injuries. In the video he is seen standing in
front of several policemen while directing them that no farmer should cross
the barricade and if anyone does, then 'unka sar fod dena' (break their
heads).
"It is very simple and clear. Whoever comes from anywhere, that
person should not go ahead of the barricade. If he goes, then break
his head with a stick. No instructions or directions needed. We will not
allow any security breach to happen. We have enough force,"
Ayush Sinha told the policemen deployed to tackle the
protesting farmers in Karnal.
Any doubt?" the SDM added in the end.
"No sir," the group of policemen shouted. (https://www.ndtv.com/india-
news/crack-their-heads-haryana-official-caught-coaching-cops-about-
farmers-in-karnal-2521973)
3. It is worth to mention here that Mr Sinha did not deny the contents of the viral
video rather he admitted substantially on asking of the news agency, lateron.
The ‘Karnal’ Sub Divisional Magistrate (SDM) Ayush Sinha on Saturday
courted controversy after he was caught on camera directing policemen "to
break their (farmers) head" in case they tried to breach the barricade during
the farmers' protest in Karnal.
4. The officer later claimed that "he has not seen the viral clip, but the direction
came after stone-pelting had started", he goes on to add that "steps were
taken as per CrPC".
"Since it was an issue of stone-pelting, the response had to be proportionate",
Sinha said. (https://www.tribuneindia.com/news/haryana/break-their-head-
sdm-tells-police-during-farmers-protest-clarifies-later-303314)
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Resultantly, the Kisans were badly beaten up by the Haryana Police. The
kisans were out in number demanding their basic demands be fulfilled in the
state. Reportedly, as is evident in photographic, videos material, many of the
protesters sustained grave injuries in various parts of their bodies, some even
on the head. Kisan Gurjant Singh sustained grievous injuries on his arms and
severe open wound on his hand. Whereas, kisan Mohinder Singh sustained
cross mark bone deep head injury and Parmvir Punia also sustained multiple
head injuries. Some of them fainted at the protest spot. Injured Kisan were
admitted to the local civil hospitals.
Sir,
we would like to bring it to your attention that the Kisans were siting
peacefully and protested there. But the police official used acute force by
beating them while sitting on Toll Plaza peacefully, without any provocations.
(See:
https://indianexpress.com/article/cities/chandigarh/haryana-police-use-force-
to-quell-farmers-protest-in-karnal-7475346/)
Sir,
we would like to remind you that the Haryana police has resorted to such
brutality on numerous such occasions in the past also. In the January end
Haryana and Delhi governments Embedding more than 2000 iron nails, multi-
layer metal barricades, cement walls, and heavily armed security officials-
these cannot be considered as law and-order situations. This should be
rather termed as fortification. (See:
https://indianexpress.com/article/cities/delhi/getting-into-protest-sites-now-
tough-as-nails-7170623/)
These activities are depriving the protesting farmers of their basic human
rights and are in gross violation of the Right to Life enshrined under Article 21
of the Constitution. This is also setting a very wrong portrayal of India and
putting our nation in a very bad light before the world.
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We appeal to the National Human Rights Commission (NHRC) to investigate
this latest episode of police highhandedness against peaceful protesters, and
take strict action against the erring cops and the SDM who abetted the police
officials, to hold those responsible for the assaults accountable. While the
Haryana Police’s behaviour is especially unlawful and violent, increasingly we
find that the behaviour of the police with peaceful protesters across the
country, even in the near the capital city of Delhi, has been becoming violent.
It is high time that the NHRC, mandated to observe and ensure basic
standards of human rights protection, issues a strong advisory to the Central
and State Governments on this unrestrained police behaviour. Some of the
states, in the prescribed police manuals, have laid down guidelines for
regulating the use of force by the police.
5. It is also relevant to mention here that the ‘Standards and Procedure for
Crowd Control Commonwealth Human Rights’ has been Initiative, July 2005.
Wherein, it has been mentioned that ‘An unarmed, peaceful protest
procession in the land of `salt satyagraha', fast-unto- death and `do or die' is
no jural anathema. Hon’ble Justice K.V Krishna Iyer, A distinguishing feature
of any democracy is the space offered for legitimate dissent. One cherished
and valuable aspect of political life in India is a tradition to express
grievances through direct action or peaceful protest. Organised, non-violent
protest marches were a key weapon in the struggle for independence, and
the right to peaceful protest is enshrined as a fundamental right in the
Constitution. The Right to Assemble - Article 19(1) (b), Constitution of India
All citizens have the right to assemble peacefully and without arms. This right
is subject to reasonable restrictions in the interest of the sovereignty and
integrity of India and public order. All towns in the country, however large or
small have a particular area and routes dedicated for the purpose of holding
public meetings. The police and the district administration have a duty to
facilitate these meetings, in which citizens exercise their fundamental right of
public assembly. At the same time, living in democracy requires the
observance of certain rules, to allow the State to discharge its responsibility
of maintaining peace and security for everyone at all times. These are giving
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prior information about the nature and time of protest and the route to be
used by the procession. If these steps are taken, the police and the
administration cannot do anything that will interfere in holding peaceful
protests. There is always the possibility that a public rally will become unruly,
which can mean damage to life and property. This is when a public assembly
becomes unlawful, which is defined in Section 141 of the Indian Penal Code.
Under these circumstances, the district administration and the police are
permitted to disperse the crowd to prevent injuries or damage. This may
entail the use of force in a controlled and specified manner. Unlawful
Assembly - Section 141 Indian Penal Code An assembly of five or more
persons whose common object is to:
overawe the government, legislature or any public servant exercising
lawful powers by criminal force, or through show of criminal force;
resist the execution of any law or legal process;
commit mischief, criminal trespass or any other offence;
take possession of property or deprive anyone of the right of way, use
of water or legal right s/he enjoys, by using criminal force or by a
show of criminal force;
compel anyone to do what s/he is not legally bound to do by using
criminal force, or through show of criminal force;
compel anyone not to do what s/he is legally bound to do using
criminal force, or through show of criminal force The principle
governing the use of force as explained in the law and in police
procedures remains constant: “force should only be used when it is
absolutely necessary, it should be minimum and proportional to the
situation and its use should be discontinued as soon as the danger to
life and property subsides”.
6. The Police Code of Conduct: As far as practicable, the methods of
persuasion, advice and warning should be used.
I. If however, the use of force becomes unavoidable then only the
irreducible minimum force required in the circumstances should be
used.
The Law Only an executive magistrate or an officer- in charge of a police
station.
II. can order the use of force. Use of force can only be resorted to if an
unlawful assembly or an assembly of five or more people (likely to
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disturb public peace) does not disperse on being ordered to or shows
a determination not to disperse.
III. If the assembly cannot be dispersed otherwise and it is necessary in
public interest, then the executive magistrate can order armed forces
to disperse the assembly. Even then, every officer must use as little
force, and do as little injury to person and property.
IV. Law enforcement agencies enjoy the same right of private defence as
ordinary people under the Indian Penal Code to protect life and
property, which in any case cannot cause more harm than is
necessary for defence.
V. International Standards As a responsible member of the international
community, India is bound by United Nations standards, which are the
basis of many of our laws and regulations. To reiterate, the UN Basic
Principles state that the use of force in dispersing non-violent unlawful
assemblies should be avoided and if that is not possible, then
minimum force should be used.
VI. In the case of violent unlawful assemblies, firearms should only be
used if less dangerous means are not available and only to the
minimum extent necessary.
7. PROCEDURE FOR CROWD CONTROL Model Rules on the Use of Force by
the Police against Unlawful Crowds (Adopted by the Inspectors General of
Police Conference, 1964) Minimum necessary force should be used to
achieve the desired object. Force should be regulated according to the
circumstances of each case. The object of such use of force is to disperse
the assembly and no punitive or repressive considerations should be
operative while such force is being used. The procedure regulating the use of
force is outlined in the police manuals of different states
8. For instance, the Kerala Police Manual, 1970 lays down a step-by-step
procedure to deal with unlawful assemblies:
1. The police must invariably secure the presence of a magistrate where it
anticipates a breach of peace.
2. The decision to use force and the type of force to be used is to be taken
by the magistrate.
3. Once the order for the use of force is given by the magistrate, the extent
of force to be used will be determined by the senior-most police officer.
4. The extent of force used must be subject to the principle of minimum use
of force.
5. Use of force should be progressive – i.e. firearms must be used as a last
resort if tear smoke and lathi charge fail to disperse the crowd.
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6. Common tear smoke which causes no bodily injury and allows recovery of
affected persons should be used.
7. When the crowd is large and the use of tear-smoke is likely to serve no
useful purpose, the police may resort to lathi charge.
8. Lathi charge can only begin if the crowd refuses to disperse after suitable
warning.
9. Clear warning of the intention to carry out a lathi charge should be given
through a bugle or whistle call in a language understood by the crowd. If
available, a riot flag must be raised. If the police officer in-charge is
satisfied it is not practical to give a warning, s/he may order a lathi charge
without warning.
10. Lathi blows should be aimed at soft portions of the body and contact with
the head or collarbone should be avoided as far as practicable.
11. The lathi blows must not cease until the crowd is completely dispersed.
12. If the crowd fails to disperse through the lathi charge, the magistrate or
the competent officer may order firing.
13. The fullest warning in a clear and distinct manner must be given to the
crowd to inform them that the firing will be effective.
14. If after the warning, the crowd refuses to disperse the order to fire may be
given.
15. The police are not on any account allowed to fire except on a command
given by their officer.
16. A warning shot in the air or firing over the heads of the crowd is not
permitted.
17. An armed force should maintain a safe distance from a dangerous crowd
to prevent being overwhelmed, or increasing the chances of inflicting
heavy casualties.
18. Aim should be kept low and directed at the most threatening part of the
crowd.
19. Firing should cease the moment the crowd show signs of dispersing.
20. All help should be rendered to convey the wounded to the hospital.
21. Police officers must not leave the scene of disturbance before satisfying
themselves beyond reasonable doubt about the restoration of tranquillity.
22. An accurate diary of all incidents, orders and action along with the time of
occurrence should be maintained by the police. This will include an
individual report by all officers involved in the firing.
23. We urge that not only a notice be issued, but an overall examination of
the conduct of the Haryana Police with its citizenry is initiated by the
NHRC.
24. This will include an individual report by all officers involved in the firing.
25. The number of fired cartridges and the balance of unfired cartridges
should be verified to ensure ammunition is accounted for.
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9. The Commonwealth Human Rights Initiative (CHRI) is an independent, non-
partisan, international non-governmental organisation, mandated to ensure
the practical realisation of human rights in Commonwealth countries. CHRI is
headquartered in New Delhi and has of ices in London (U.K) and Accra
(Ghana). 9 Police manuals of some states allow the firing of warning shots in
the air to caution the crowd
10. It is also germane to mention here that the right to peaceful assembly
including for the purposes of a protest has been founded by the courts to be
a fundamental right, traceable to the freedom of speech and expression
under Articles 19(1)(a) and 19(1)(b) of the Indian Constitution [See Anita
Thakur v. Govt of J&K & Ors. 2016 SCC Online 814 and In Re Ramlila
Maidan Incident 2012 5 SCC 1)] as held by the Supreme Court in several
landmark rulings (Ramlila Maidan Incident and the Kerala High Court in
Peoples’ Council for Social Justice v. State of Kerala). In one of these, a Full
Bench of the Kerala High Court considered a writ petition in which reliefs
were sought against the State to ensure that all demonstrations and public
processions within the Cochin area were carried out without obstructing free
movement and pedestrian traffic. The High Court observed that the right to
assemble and protest was recognized by the Constitution and laid down
certain directions for the conduct of public demonstrations/protests, including
the giving of advance notice to the highest Police Officer of the district in
which the protest was proposed. The Supreme Court has also held that the
State “cannot abridge or take away the right of assembly by prohibiting
assembly on every public street or public place” but “can only make
regulations in aid of the right of assembly of each citizen and can only impose
reasonable restrictions in the interests of public order.” It was also held that it
was acceptable for the regulatory authority to require that parties secure prior
permission before holding a public meeting on a public street for “the right
which flows from Article 19(1)(b) is not a right to hold a meeting at any place
and time. It is a right which can be regulated in the interest of all so that all
can enjoy the right.”
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11. It is also pertinent to mention here that , one of the protesting farmer namely ,
Sunil Kajal R/O Garota village Karnal , Haryana where the said incident
took place , lost his life after he was brutally beaten . He suffered severe
injuries on his head and massive blood loss . It is the duty of State to
protect the life of every citizen but in this case state fails to fulfill its duty.
12. Recently, Hon’ble Apex Court also gave the verdict on the farmers protest as
the fundamental right. Wherein it read thus: Farmers
Protest- Protest is part of fundamental rights-Farmers’ protest should be
allowed to continue without impediment and without any breach of peace.
See- Rakesh Vaishnav v. Union of India, (SC): Law Finder Doc Id # 1785305;
So, in the light of facts and circumstances being the incident of grave
violations of human rights by the Haryana Police and by an IAS officer, We
urge you Sir to look into this matter with the urgency.
This must be done immediately in order to stop the gross injustice which is
tarnishing the fabric of our Constitution and causing colossal damage to the
sheen of a democratic country. History will not pardon us if we remain mute
spectators to this violation of human rights.
Yours Sincerely:
AJITPAL SINGH MANDER;
HAKAM SINGH, ADVOCATES,
Convener: Kisan Lawyers Forum.
Signature Sheet:
Sr.
No.
Name Enrolment
No.
Address
1 Ajitpal Singh Mander P/1424/1999 Chamber No. 345,
Lawyers Chambers
Bathinda
2. Hakam Singh P/712/2015 Office-73, CCC Shoping
Mall, Chandigarh
3 Iqbal Singh Dhillon P/2881/2012 Lawyers Chambers
Complex, Civil Courts
Phul, Bathinda
4 Amandeep Singh P/4955/2017 Lawyers Chambers
