Madhya Pradesh High Court
Kamlesh vs Home Department on 11 July, 2019
Equivalent citations: AIRONLINE 2019 MP 1107
Author: Virender Singh
Bench: Virender Singh
Writ Petition Nos.3595/2017, 3892/2017,
3894/2017, 3606/2017, 3622/2017
and 5861/2017 (PILs)
-1-
HIGH COURT OF MADHYA PRADESH, BENCH AT INDORE
Division Bench : HON'BLE MR. JUSTICE S. C. SHARMA AND
HON'BLE MR. JUSTICE VIRENDER SINGH
Writ Petition No.3595/2017 (PIL)
(Akashdeep Shukla Vs. State of M. P. and Another)
Writ Petition No.3892/2017 (PIL)
(Kaushal Sharma Vs. State of M. P. and Others)
Writ Petition No.3894/2017 (PIL)
(Kamlesh Patidar and Another Vs. State of M. P. and Others)
Writ Petition No.3606/2017 (PIL)
(Aayush Pandey Vs. State of M. P. and Another)
Writ Petition No.3622/2017 (PIL)
(Awdesh Bhargava Vs. State of M. P. and Others)
Writ Petition No.5861/2017 (PIL)
(Jagdishchandra Patidar and Others Vs. State of M. P. and Others)
Shri Akashdeep Shukla, petitioner present in person
in Writ Petition No.3595/2017 (PIL).
Shri Mohan Singh Chandel, learned counsel for the
petitioner in Writ Petition No.3892/2017 (PIL).
Shri Aayush Pandey, petitioner present in person in
Writ Petition No.3606/2017 (PIL).
Shri A. M. Mathur, learned Senior Counsel with Shri
Vaibhav Asawa, learned counsel for the petitioners
in Writ Petition No.5861/2017 (PIL).
Shri Abhishek Tugnawat, learned Government
Advocate for the respondents / State.
O R D E R
(Delivered on this 11st day of July, 2019) Per : S. C. Sharma, J.
Writ Petition No.3595/2017 (PIL) -
The present petition has been filed by Shri Akashdeep Shukla, petitioner in person, who is a practicing advocate at High Court of Madhya Pradesh, Indore Bench. The facts of the case reveal that an unfortunate incident took place on 07/06/2017 wherein the protesters Writ Petition Nos.3595/2017, 3892/2017, 3894/2017, 3606/2017, 3622/2017 and 5861/2017 (PILs) -2- turned violent and as alleged the vehicles were torched by the protesters, stones pelting took place and even firing by the police also took place.
02- The petitioner has stated before this Court that the State has failed to protect the fundamental rights of the citizens and therefore, he has filed the writ and prayed for following reliefs:-
"10.1) The respondents may kindly be directed to immediately take necessary action to ensure life and safety of general public, public and private vehicles, shops and markets etc. from the protesters.
10.2) The respondents may kindly be directed to make sufficient arrangements to provide vegetables, fruits, milk and other dairy and agriculture products at various places in police protection.
10.3) Enough police protection may kindly be given to farmers and sellers to sale their products.
10.4) An independent committee may kindly be constituted to inquire the whole issue and strict action may kindly be taken against violent protesters and erred police and administrative officers.
10.5) Respondents may kindly be directed to submit a detailed report of the whole matter and majors taken by the respondents to control the situation and protect life and liberty of the general public.
10.6) A mediation committee may kindly be constituted to settle the dispute between farmers and the State of Madhya Pradesh.
10.7) Any other order which the Hon'ble Court deems fit and proper in facts and circumstances of the case may also be granted."
03- A detailed and exhaustive reply has been filed in the matter and it has been stated by the State Government that the farmers went on strike from 01st to 10th June and a "non cooperation movement" started by them i.e. stoppage of supply of vegetables, milk and other agricultural produces and the situation was monitored closely by the State Government.
Writ Petition Nos.3595/2017, 3892/2017, 3894/2017, 3606/2017, 3622/2017 and 5861/2017 (PILs) -3- 04- It has been stated that alternative arrangements were made by the State Government by supplying day to day needs and proper deployment of police forces was also done in the entire State of Madhya Pradesh. However, in some of the cities the movement started by the farmers, which was a non cooperation movement, on account of involvement of some miscreant and anti-social elements, the movement turned violent specially in the Mandsaur, Dewas and Shajapur districts. 05- It has been stated by the State Government that they have deployed 05 Companies of CRPF, 03 Companies of CISF, 06 Companies of Rapid Action Force as well as local police. It has also been stated that as many as 289 cases have been registered in thirteen districts against those persons, who have committed crime and a Judicial Inquiry Commission has been constituted under the Chairmanship of Hon'ble Shri Justice J. K. Jain (Retd.). It has also been stated that the Inquiry Commission has submitted its report in the matter.
06- This Court has also carefully gone through the writ petition as well as reply filed by the respondents. It is true that a very unfortunate incident took place and at the same time the State Government cannot be blamed for the same. The farmers went on strike and on account of various incidents, 289 cases have been registered in 13 districts. The return reveals that large number of paramilitary forces were also deployed. It is true that loss of property has also taken place in the matter and the State Government has assured before this Court that no Writ Petition Nos.3595/2017, 3892/2017, 3894/2017, 3606/2017, 3622/2017 and 5861/2017 (PILs) -4- such incident will take place in future and they will take all possible care to ensure that public property is not destroyed at any cost. 07- Rejoinder has also been filed in the matter and it has been stated that the persons, who have suffered because of the violence, have not been compensated and the State should be directed to buy agricultural produce at the Minimum Support Price and strict action should be taken against the traders, who are selling sub standard seeds, fertilizers, etc. Various other grounds have also been raised before this Court by filing rejoinder.
08- This Court has carefully gone through the writ petition, reply as well as rejoinder, however, the fact remains that a Judicial Inquiry Commission headed by Hon'ble Shri Justice J. K. Jain (Retd.) has been constituted to inquire into the incident dated 06/06/2017. 09- The another important aspect of the case is that as many as 06 farmers lost their lives and the Commission is inquiring into each and ever aspect of the case and therefore, as the Commission has already submitted his report, the State Government shall be free to proceed ahead in accordance with law.
10- This Court, as a Judicial Commission is already looking in to the matter, does not find any reason to pass any order in the matter at this stage. The State Government shall be free to take appropriate action in the matter in accordance with law, as the Commission has already submitted its report.
11- With the aforesaid, Writ Petition No.3595/2017 stands disposed Writ Petition Nos.3595/2017, 3892/2017, 3894/2017, 3606/2017, 3622/2017 and 5861/2017 (PILs) -5- of.
Writ Petition No.3892/2017 (PIL) -
12- The present petition has been filed by way of Public Interest Litigation in respect of the incident, which took place on 08/06/2017 at Mandsaur. The petitioner's contention is that large number of farmers died on account of police firing and therefore, compensation should be paid.
13- Learned Government Advocate has informed this Court that compensation to the tune of Rs.1 Crore each to the dependent of those persons, who have been killed on account of police firing, has been paid by the State Government. Not only this, a Judicial Inquiry Commission has already submitted his report and therefore, in light of the fact that the matter has already been probed into by the Commission headed by Hon'ble Shri Justice J. K. Jain (Retd.), this court does not find any reason to pass any further order in the matter. The writ petition stands disposed of.
Writ Petition No.3894/2017 (PIL) -
14- The petitioner before this Court has filed present petition by way of Public Interest Litigation in respect of farmers protest, which took place on 06/06/2017. It has been stated that as many as 06 farmers have been killed in police firing and no First Information Report has been registered in the matter. The petitioner has prayed for grant of compensation and appropriate action against the persons involved in the matter.
Writ Petition Nos.3595/2017, 3892/2017, 3894/2017, 3606/2017, 3622/2017 and 5861/2017 (PILs) -6- 15- It has been brought to the notice of this Court that compensation has been paid to the dependents of those persons, who have been killed in police firing and a sum of Rs.1 Crore each has been paid in the matter. It has also been stated that a Judicial Inquiry Commission has been appointed headed by Hon'ble Shri Justice J. K. Jain (Retd.) and he has submitted his report.
16- In light of the aforesaid, the State Government shall be free to take appropriate action in the matter in accordance with law in light of the report submitted by Hon'ble Shri Justice J. K. Jain (Retd.). No further orders are required to be passed in the present writ petition. The petition is accordingly disposed of.
Writ Petition No.3606/2017 (PIL) -
17- The petitioner before this Court has filed present petition stating that a protest took place on 01/06/2017 under the garb of "Kisan Andolan" and on 07/06/2017 the protest became violent. Almost 250 vehicles were burnt by the protesters and the public property was subjected to loss. It has been stated that the State should not grant any compensation to the farmers and action should be taken against violent protesters.
18- Learned Government Advocate has stated before this Court that the State Government has taken all precautionary steps in the matter, however, on account of the violence which took place, the State was left with no other choice except to use force against the protesters and some of the protesters died on account of bullet injuries. It has been Writ Petition Nos.3595/2017, 3892/2017, 3894/2017, 3606/2017, 3622/2017 and 5861/2017 (PILs) -7- stated that the State Government has sanctioned Rs.06 Crores for the persons, who died in Kisan Andolan at Mandsaur. 19- The State Government has given compensation to the farmers by taking a policy decision keeping in view the various factors and this Court does not find any reason to interfere with the wisdom of the State Government in granting compensation to those who were killed in police firing. Not only this, all aspects of Kisan Andolan have been probed into by the Inquiry Commission headed by Hon'ble Shri Justice J. K. Jain (Retd.) and therefore, this Court does not find any reason to pass any further order in the matter. The State Government shall be free to proceed ahead in accordance with law keeping in view the report submitted by the Justice J. K. Jain.
Writ Petition No.3622/2017 (PIL) -
20- The present petition has been filed by Shri Awdesh Bhargava, who is a Social Worker and Journalist and is aggrieved by the compensation paid to farmers by the State Government. 21- It is true that an unfortunate incident took place on 06 th - 07th June, 2017 at Mandsaur. The authorities were left with no other choice except to open fire as reflected in the writ petition and the petitioner's contention is that those persons who have been killed were causing loss to the public property and therefore, they should not be paid any compensation.
22- Payment of compensation depends upon various factors as argued before this Court and for the loss of life, the State Government Writ Petition Nos.3595/2017, 3892/2017, 3894/2017, 3606/2017, 3622/2017 and 5861/2017 (PILs) -8- has taken a policy decision to pay compensation to the dependents of those persons, who were killed in police firing. 23- The reply of the State Government reveals that a large number of cases have been registered against those persons who were involved in violence and in destroying public property. It has also been stated that one member Inquiry Commission under the State Enquiry Commission Act, 1952 has submitted its report in the matter. 24- This Court has carefully gone through the writ petition as well as the reply filed by the respondents. The State Government in its wisdom has granted compensation to the family members of those persons, who have lost their sole bread winner. This Court does not find any reason to set aside the decision taken by the State Government granting compensation. However, as an Inquiry Commission has already been constituted and a report has been submitted in the matter, the respondent / State shall be free to take appropriate action in the matter keeping in view the inquiry report. In light of the aforesaid, writ petition stands disposed of.
Writ Petition No.5861/2017 (PIL) -
25- The petitioners before this Court have filed present petition in respect of farmers agitation which took place in the entire State of Madhya Pradesh and a prayer has been made that a "Special Investigation Team (SIT)" be constituted to carry out independent investigation. It has been stated that administrative authorities have committed heinous crime against the farmers and citizens have been Writ Petition Nos.3595/2017, 3892/2017, 3894/2017, 3606/2017, 3622/2017 and 5861/2017 (PILs) -9- killed on account of firing and therefore, a SIT be constituted. 26- Reliance has been placed upon a judgment delivered by the apex Court in the case of Extra Judl. Exec. Victim Families Assn. & Anr. Vs. Union of India & Ors. reported in 2017 (7) Scale 716. 27- This Court has carefully gone through the aforesaid judgment. In the aforesaid there was an allegation that about 1528 persons have been killed in fake encounters by police personnel and personnel in uniform of the armed forces of the Union and in those circumstances, SIT was constituted. In the present case, there is no such contingency involved. Persons have been killed on account of police firing as stated in the writ petition as the mob has turned violent and the police was left with no other remedy except to fire. Compensation (Rs.1 Crore each) has already been given to the families of the deceased and Inquiry Commission has already been constituted in the matter and therefore, this Court does not find any reason to constitute a SIT or to hand over the investigation to Central Bureau of Investigation. 28- Resultantly, as a report has already been submitted in the matter by the Hon'ble Shri Justice J. K. Jain (Retd.), the writ petition stands disposed of with a liberty to the State Government to take appropriate action in the matter in accordance with law.
Certified copy as per rules.
(S. C. SHARMA) (VIRENDER SINGH)
JUDGE JUDGE
Tej
Digitally signed by
Tej Prakash Vyas
Date: 2019.07.18
11:42:01 +05'30'