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On a plea filed in connection with the clash between farmers and police in Karnal, Haryana Government has submitted its reply before Punjab and Haryana High Court stating that SDM Ayush Sinha’s reported briefing had no connection with the Police force’s action at Bastara Toll.

The government has submitted on Friday that it was wrong to say that the police officials attacked protestors under the directions of SDM Ayush Sinha.

The reply states that SDM Ayush Sinha’s reported briefing of the force took place 13 KM away from the Bastara toll where the duty magistrate directed the police force to disperse the unlawful assembly.

It adds that this briefing has neither any contextual relation with the incident taking place at Bastara Toll nor the officials briefed by the SDM were part of the force deployed at Bastara Toll.

The reply has been filed by way of affidavit of Mamta Singh, IPS, Inspector General of Police, Karnal Range.

Incident in question

On August 28, 2021, there was a scheduled meeting of Bhartiya Janta Party in Karnal city regarding the forthcoming Panchayat elections in Haryana. On evening of August 27, a call was given by Bhartiya Kisan Union (Chadhuni group) asking farmers to gather in maximum numbers in city of Karnal at Kalandri Gate and then to march towards place of function via Railway road.

Accordingly, police force was deployed by erecting nakas and diverting certain routes. However, later on, National Highway 44 got blocked at the Bastara Toll Plaza, Karnal.

Plea Before Court 

A writ plea was filed before Punjab and Haryana High Court by one Munish Lather along with other protestors alleging that the then Karnal SDM Ayush Sinha ordered the police to break the heads of the protesters. The petitioners have argued that SDM's this order was a direct violation of the constitutional and fundamental rights of these farmers.

The plea prays for an inquiry against the guilty officer SDM Ayush Sinha, DSP Varinder Saini and Inspector Harjinder Singh by a retired judge of the High Court.

State Government’s Reply

The affidavit-in-reply submitted by the State reads that the petitioners have put all efforts to project that under the guidance and directions of SDM Sh. Ayush Sinha, the police force assaulted them. 

"But it is an attempt on part of petitioners to obfuscate and divert the attention of Hon'ble court from their unlawful act of sealing the national highway causing harassment and trauma to hundreds and thousands of passengers stranded on the road under the threat and fear of physical harm as well as damage to their property," the affidavit states. 

The affidavit further reads that the District Administration and police officers under the guidance of DM/Karnal and SP/Karnal made all possible efforts to convince the protesting persons to unblock the NH-44 and the police at Bastara Toll was discharging their duty as warranted by the law and taking necessary law enforcement measures against violators.

Affidavit adds that instead of unblocking the NH-44, the protesting farmers continued violating the law and did not disperse from the spot. Considering the volatile situation and to unblock the NH-44 (G.T. Road) in the larger public interest, mild force was used, it further reads.

The affidavit also states that in this process, about 24 police officials sustained injuries inflicted by protestors.

“However, the police acted in good faith and as per the need of hour to ensure the safe passage of thousands of vehicles which got stuck up in the jam due to farmer protestor who sealed the highway NH-44 at the Bastara Toll Plaza, Karnal,”  the State Government has averred.

Government has also said that the petitioner Munish Lather has himself submitted that he was present at Bastara Toll when the assembly was declared unlawful, the possibility of him sustaining simple injuries during the use of mild force while clearing the road blockade can't be ruled out.

Government in its reply has also sought dismissal of the plea filed by the protestors stating that petitioner,Munish Lather and his fellow farmer protestors are in habit of blocking the roads and national highways as their right in the name of right to protest.

Government has further sought Court’s directions to the petitioners as well as farmer protestors and unions to vacate the National and state highways in Haryana and to not to resort to practice of road blockade as a mean of protest under disguise of “RIGHT TO PROTEST”.

It is to be noted that earlier this month Haryana government transferred Karnal sub-divisional magistrate (SDM) Ayush Sinha, who was recently caught on camera instructing policemen to "break heads" of farmers during protest if they breached the security cordon.

Case Title: Munish Lather and others vs. State of Haryana and others