Farmers’ stir in Delhi: Red Fort violence case among 17 to be taken back

Besides a couple of cases registered under serious sections of the Indian Penal Code, a majority of the withdrawn cases relate to not obeying lawful directions and violations of Covid protocols.

The Delhi government has approved withdrawal of 17 cases lodged by the Delhi Police against farmers who were protesting on city’s borders against the three farm laws during 2020-2021, including a case related to violence at the Red Fort during a tractor rally taken out by the farmers on Republic Day last year, according to official documents seen by HT.

Farmers at Red Fort during their tractor parade on Republic Day, on January 26, 2021. (PTI)

Besides a couple of cases registered under serious sections of the Indian Penal Code (IPC), majority of the cases that have been withdrawn related to not obeying lawful directions and violations of Covid protocols, according to the documents.

The Delhi Police on January 28, 2022 wrote to the office of lieutenant governor Anil Baijal recommending that 17 of the total 54 cases lodged against the farmer protesters may be withdrawn. “After thorough examination of these cases, which are at various stages of investigation/trial, it is found that out of the 54 cases registered, 17 cases may be considered for withdrawal of prosecution against the accused persons after due approval of the government as per the law,” the Delhi Police said in the letter, which was part of the documents seen by HT.

On February 24, addressing the Delhi Police’s annual press conference, commissioner Rakesh Asthana said, “Of the total 54 cases registered by the Delhi Police, related to the farmers protest, the investigation of five cases has been completed and chargesheet filed, five cases have been marked as untraced while 44 cases are under investigation. Delhi Police has written to the office of Lieutenant Governor of Delhi requesting withdrawal of 17 cases.”

The LG office forwarded the Delhi Police letter to additional chief secretary of the home department of the Delhi government for examination. The home department put up the letter to home minister Satyendar Jain at 4pm on February 16 for consideration and forwarding to the LG for obtaining his approval. The home minister sent the file to the chief minister on February 25, according to the movement of the file mentioned in the documents.

The chief minister’s office sent the file to the LG’s office on February 28. “The LG approved the withdrawal of the 17 cases the same day he received the file from CMO on February 28,” said an official from the LG office who asked not to be named.

The Delhi government on Tuesday said the prosecution was withdrawn under section 321 of the Code of Criminal Procedure,1973.

Thousands of farmers had reached Delhi’s borders with Uttar Pradesh and Haryana in November 2020 to protest against the three farm laws that sought to deregulate farm trade. On January, 26, 2021, the farmers took out a rally that soon descended into chaos as protesters diverted from the pre-decided route, broke police barricades, entered the city and fought pitched battles with the police at ITO intersection. Later, hundreds of them reached the Red Fort where they fought with the security personnel and vandalised the monument.

The farmers stayed put on the city borders for just over a year, and called off the protest on December 11,2021 after the Centre repealed the three laws.

Among the 17 cases that the government has withdrawn is the one lodged against around 200-300 protesters who entered the Gyanpath area near Netaji Subhash Marg and attempted to push their way into the Red Fort through the Lahori Gate. The mob allegedly damaged the ticket counters, doorframe metal detectors and the baggage scanners and the entire ticketing counter complex at the monument was vandalized. The case under FIR number 98/2021 was lodged at Kotwali police station January 28, 2021 and was handed over to the crime branch for investigation. The case was pending investigation and no arrests had been made at the time the Delhi Police recommended its withdrawal.

A second case that has been approved for withdrawal was registered at Jyoti Nagar police station in north-east Delhi against protesting farmers who entered Delhi from Loni border (Delhi-UP border) with 150-175 tractors and allegedly assaulted policemen. This case, under FIR number 38/2021, was lodged on January 26, 2021, and was pending investigation by the local police.

Bharatiya Kisan Union (BKU) leader Rakesh Tikait said the government should withdraw all the cases related to farmers agitation. “The government should approve withdrawal of all the cases. We do not demand withdrawal of cases related to heinous crime such as a lynching that took on October 15. We will reach out to the government and see why the other cases related to the agitation have not been withdrawn,” said Tikait. A Dalit man was found murdered at the Singhu border protest site on October 15. A group of Nihangs at the site later accepted responsibility for the murder.

Sidharth Luthra, a former additional solicitor general and senior advocate said that prosecution can be withdrawn under Section 321 of the Criminal Procedure Code.“Section 321 enables a prosecutor to move an application before the trial court for withdrawal from prosecution. The law is settled that a prosecutor must apply his mind before moving such an application. Similarly, the court has to see whether the application is made in good faith and in the interest of public policy and justice before granting consent to withdrawal of cases,” said Luthra.