Punjab and Haryana HC finds cops used excessive force in 1991 firing that killed eight mill workers

CHANDIGARH: Almost 28 years after eight persons were killed in police firing on striking workers of a cotton mill in Punjab’s Abohar, the Punjab and Haryana high court has held that the cops had used excessive force.
Holding the state government vicariously liable for negligent act of its officials, the high court directed Punjab to a pay compensation of Rs 15,36,000 (of different amounts) to the families of six workers killed in the firing. The HC also directed the state to pay Rs 2 lakh compensation each to the families of two young boys killed in the same incident.

The HC also directed the state to pay Rs 1,08,000 each to 17 workers who had been injured in the incident. This entire compensation amount of Rs 37,72,000 has to be paid by the state along with interest of 9% per annum from the date of the incident — October 25, 1991.
The HC has held that the action of cops cannot be considered as an act part of their duty because executive magistrate had not given order for firing. “It is the duty of the police to take justified, necessary, reasonable, and proportionate steps while dealing with law and order. Moreover, the law must be prudently considered, precisely written, well defined, and strictly enforced to preserve rule of law. The state is vicariously liable for the negligent acts of its employees or agents. The police by resorting to firing on unarmed peaceful gathering of workers has also violated their human rights. The authorities are accountable for their failure to protect right to life under Article 21 of the Constitution of India,” observed the HC.
The high court also said that the workers have right to life under the Constitution and that was infringed by the police by using excessive force in an unreasonable and unauthorised manner.
The division bench headed by Justice Rajiv Sharma of the HC passed the order while hearing an appeal of Punjab police against judgment dated December 24, 2013 passed by additional sessions judge, Ferozepur.
The bench, however, has converted the conviction of the cops from murder to culpable homicide not amounting to murder. The high court directed the state to produce the appellants Hardam Singh, Piara Singh and Harcharan Singh before the court on September 26 for hearing on quantum of sentence under the new charges. Fourth accused and appellant, Narinder Pal Singh died during pendency of the appeal.