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TO CHIEF JUSTICE OF PUNJAB AND HARYANA HIGH COURT, CHANDIGARH
An open letter to Hon’ble Chief justice of Punjab and Haryana High Court Regarding
SDM Karnal Ayush Sinha’s conduct toward peaceful protest of farmers.
First they came for the Communists
And I did not speak out
Because I was not a Communist
Then they came for the Socialists
And I did not speak out
Because I was not a Socialist
Then they came for the trade unionists
And I did not speak out
Because I was not a trade unionist
Then they came for the Jews
And I did not speak out
Because I was not a Jew
Then they came for me
And there was no one left
To speak out for me
Respected Lordship,
Article 19(1) (a) of the Indian constitution “Freedom of speech and expression” is a
fundamental right given to its citizen against the state, which includes carrying out
the peaceful public demonstration.
That on 28th
, August, 2021 Karnal's Sub-Divisional Magistrate (SDM) Ayush Sinha
IAS is seen instructing policemen that no protesting farmer should go beyond a
certain barricade in the area, video showing a top district official in Haryana asking
policemen to ensure farmers who are protesting against BJP leaders get "Head
injuries" has surfaced on social media.
Then after a statement came from the said SDM “that it was said during the briefing
to use force proportionately”
We have seen this video and it cause a great disturbance in society that how a
Public servant is behaving like a dictator, the video can be compared with the
General Dyer’s orders to kill Indians who are protesting peacefully, The man behind
the Jallianwala Bagh massacre and the man behind the karnal incident is not much
differ ideologically.
We as citizen of India will remember this day as Black day in history of India but as
an Advocate we can’t live peacefully even a day after witnessing this incidence.
Only question that will always be in our mind is that are we not enough capable to
safeguard our constitution?
As an Advocate we are soldiers and first duty as a soldier is to safeguard
constitution, incidents like this not only just kills self-esteem of an Advocate but it
kills the trust which is incurred upon the public officers and on other guards of
constitutions.
In fact, the Hon'ble Supreme Court in “Maneka Gandhi vs The Union of India (1978)”
case ruled that every citizen must have the right to participate in the democratic
process, which allows exercising ones rights to make a choice, as well as free and
general discussions on public issues which are absolutely essential. From the legal
angle, the Constitution of India, guarantees the right to peaceful protest, which is
strongly protected under Article 19, though the word “protest” is not mentioned
explicitly:
• Article 19(1)(a): Freedom of Speech and Expression.
• Article 19 (1)(b): Right to protest peacefully without arms.
• Article 19 (1) (c): Right to form associations and Unions.
However, these provisions extend to peaceful protests.
Now when a peaceful protest is going on and top district official in Haryana is asking
policemen to ensure farmers who are protesting against BJP leaders get "Head
injuries”
It is not unknown to any one of our country that on 13th
April, 1919, A large but
peaceful crowd had gathered at the ‘Jallianwala
Bagh’ in Amritsar, Punjab to protest against the arrest of pro-Indian independence
leaders Dr. Saifuddin Kitchlu and Dr. Satya Pal. In response to the public gathering,
the British Brigadier-General R. E. H. Dyer surrounded the Bagh with his soldiers, In
independent India on 28/8/2021 farmers are protesting peacefully, for their rights,
District official of Karnal, Haryana ‘Ayush Sinha IAS’ acts like General Dyer.
‘Dyer’ ordered his army to shoot at the crowd, continuing to fire even
as protestors tried to flee. The troops kept on firing until their ammunition was
exhausted. At least 1000 people were killed and over 1,200 other people were injured
of whom 192 were seriously injured. Just like that after years history repeats itself
but the matter of shame is this time a public servant specially trained to serve the
public act like General Dyer, Ayush Sinha ordered his police mans to give “Head
injuries” to peaceful protestor.
The level of casual brutality, and lack of any accountability, stunned the entire nation.
What happened with General Dyer is we all know that.
We are living in a democratic country and if we are truly in a democratic country and
persons like Ayush Sinha should be behinds the bars. Nobody is above the law.
If law can give powers to these officers and when they become incompetent to
perform the public duties same law can take these powers back which are being
used unlawfully against the constitution.
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.
Regards,
Hakam Singh
Advocate
Office-73, CCC Shoping Mall, Cgandigarh;
Ajitpal Singh Mander
Advocate
President, Bar Association Phul,
District Bathinda
YUVRAJ SINGH
Advocate
Chamber No.445, Jalandhar.
VASU KUKREJA
Advocate
Ch no 625 B w.wing
Tis Hazari Court , Delhi
ADITI PRASAD
ADVOCATE

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To chief justice of punjab and haryana high court (1)

  • 1. TO CHIEF JUSTICE OF PUNJAB AND HARYANA HIGH COURT, CHANDIGARH An open letter to Hon’ble Chief justice of Punjab and Haryana High Court Regarding SDM Karnal Ayush Sinha’s conduct toward peaceful protest of farmers. First they came for the Communists And I did not speak out Because I was not a Communist Then they came for the Socialists And I did not speak out Because I was not a Socialist Then they came for the trade unionists And I did not speak out Because I was not a trade unionist Then they came for the Jews And I did not speak out Because I was not a Jew Then they came for me And there was no one left To speak out for me Respected Lordship, Article 19(1) (a) of the Indian constitution “Freedom of speech and expression” is a fundamental right given to its citizen against the state, which includes carrying out the peaceful public demonstration. That on 28th , August, 2021 Karnal's Sub-Divisional Magistrate (SDM) Ayush Sinha IAS is seen instructing policemen that no protesting farmer should go beyond a certain barricade in the area, video showing a top district official in Haryana asking policemen to ensure farmers who are protesting against BJP leaders get "Head injuries" has surfaced on social media. Then after a statement came from the said SDM “that it was said during the briefing to use force proportionately” We have seen this video and it cause a great disturbance in society that how a Public servant is behaving like a dictator, the video can be compared with the General Dyer’s orders to kill Indians who are protesting peacefully, The man behind
  • 2. the Jallianwala Bagh massacre and the man behind the karnal incident is not much differ ideologically. We as citizen of India will remember this day as Black day in history of India but as an Advocate we can’t live peacefully even a day after witnessing this incidence. Only question that will always be in our mind is that are we not enough capable to safeguard our constitution? As an Advocate we are soldiers and first duty as a soldier is to safeguard constitution, incidents like this not only just kills self-esteem of an Advocate but it kills the trust which is incurred upon the public officers and on other guards of constitutions. In fact, the Hon'ble Supreme Court in “Maneka Gandhi vs The Union of India (1978)” case ruled that every citizen must have the right to participate in the democratic process, which allows exercising ones rights to make a choice, as well as free and general discussions on public issues which are absolutely essential. From the legal angle, the Constitution of India, guarantees the right to peaceful protest, which is strongly protected under Article 19, though the word “protest” is not mentioned explicitly: • Article 19(1)(a): Freedom of Speech and Expression. • Article 19 (1)(b): Right to protest peacefully without arms. • Article 19 (1) (c): Right to form associations and Unions. However, these provisions extend to peaceful protests. Now when a peaceful protest is going on and top district official in Haryana is asking policemen to ensure farmers who are protesting against BJP leaders get "Head injuries” It is not unknown to any one of our country that on 13th April, 1919, A large but peaceful crowd had gathered at the ‘Jallianwala Bagh’ in Amritsar, Punjab to protest against the arrest of pro-Indian independence leaders Dr. Saifuddin Kitchlu and Dr. Satya Pal. In response to the public gathering, the British Brigadier-General R. E. H. Dyer surrounded the Bagh with his soldiers, In independent India on 28/8/2021 farmers are protesting peacefully, for their rights, District official of Karnal, Haryana ‘Ayush Sinha IAS’ acts like General Dyer. ‘Dyer’ ordered his army to shoot at the crowd, continuing to fire even as protestors tried to flee. The troops kept on firing until their ammunition was exhausted. At least 1000 people were killed and over 1,200 other people were injured of whom 192 were seriously injured. Just like that after years history repeats itself but the matter of shame is this time a public servant specially trained to serve the
  • 3. public act like General Dyer, Ayush Sinha ordered his police mans to give “Head injuries” to peaceful protestor. The level of casual brutality, and lack of any accountability, stunned the entire nation. What happened with General Dyer is we all know that. We are living in a democratic country and if we are truly in a democratic country and persons like Ayush Sinha should be behinds the bars. Nobody is above the law. If law can give powers to these officers and when they become incompetent to perform the public duties same law can take these powers back which are being used unlawfully against the constitution. 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. Regards, Hakam Singh Advocate Office-73, CCC Shoping Mall, Cgandigarh; Ajitpal Singh Mander Advocate President, Bar Association Phul, District Bathinda YUVRAJ SINGH Advocate Chamber No.445, Jalandhar.
  • 4. VASU KUKREJA Advocate Ch no 625 B w.wing Tis Hazari Court , Delhi ADITI PRASAD ADVOCATE