The Supreme Court on Wednesday refused to entertain a PIL seeking a probe by a judicial inquiry commission into the Republic Day violence during farmers’ tractor rally in the capital. The Court granted liberty to withdraw and approach the ministry.
The bench of Chief Justice S.A. Bobde, Justices A.S. Bopanna and V. Ramasubramanian heard the PIL seeking directions to set up an Inquiry Commission under the chairmanship of a retired Supreme Court judge to look into the entire aspect of clash between farmers and Delhi Police on January 26, 2021, during the farmers’ tractor rally.
While hearing, the CJI pointed out that the Prime Minister in his statement has said the law will take its own course, so the government is investigating it. “We are sure the government is inquiring into it and taking appropriate action,” CJI Bobde told the petitioner.
The petitioner in person, Advocate Vishal Tiwari, submitted that the incident took place in Delhi on Republic Day has brought very serious consequences for the public. “On 25th, farmers’ protest was peaceful but on 26th it turned violent,” he said. Tiwari urged the court that the investigation should not be one-sided and the statement of the other side should also be recorded. To this, the CJI Bobde replied obviously what does an investigation mean. Both sides will be investigated.
He submitted that due to this incident, internet services have also been interrupted and shut down due to which many professionals and particularly Advocates are facing hardships.
The plea stated the question for consideration in national security and public interest arises that who is responsible for creating the disturbance and how and who turned the peaceful farmer protest into violent movement or how and who created the circumstances which let the protest turn violent?
Tiwari had stated in the plea,
“All aspects are to be inquired and looked upon. The blame is on both sides and the matter is to be inquired by an independent agency i.e by setting up an inquiry commission under the chairmanship of a retired Supreme Court judge.”
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The petitioner alleged that there may be some conspiracy to cause disturbance and to damage the peaceful protest by some notorious forces or organizations and create a clash between police and protesting farmers. Or it was due to the lapses (maybe deliberate) from the side of police to create such circumstances in which disturbances will definitely occur.