Skip to main content
Sabrang
Sabrang
India Rule of Law

Bonds levied on UP farmers: Allahabad HC warns DM to be “cautious”

The court warned the Sitapur DM to not act arbitrarily and against natural justice over their notice demanding exorbitant personal bonds from farmers

Sabrangindia 03 Feb 2021

Image Courtesy:indianexpress.com

The Uttar Pradesh Government informed the Allahabad High Court on February 2 that it had decided to drop the proceedings against farmers with tractors who were earlier issued notices to furnish exorbitant personal bonds in the wake of farmers’ protests.

The court noted, “Today, Sri V.K. Shahi, learned Additional Advocate General for the State of U.P. has informed the Court that notices were issued to 162 persons for executing the bond of Rs.10 lacs and two sureties of the like amount out of which 43 persons have appeared in the matter and on the basis of fresh challan report, the proceeding against all the persons have been dropped, as there is no further apprehension to breach of peace or disturbance of public tranquillity.”

The Division Bench of Justices Ramesh Sinha and Rajeev Singh also noted that the Counsel for the State “could not justify” the acts of the Sub-Divisional Magistrates (SDM) of various divisions working under the District Magistrate, Sitapur for issuing notice to farmers for furnishing personal bonds.

The Bench took the matter into consideration and remarked that “the District Magistrate Sitapur and the SDMs working under him shall be cautious in passing orders in any proceedings of such a nature calling upon the persons to execute personal bond and sureties and their orders, act and conduct should not be such which reflects arbitrariness and against the principles of natural justice.”

On January 19, notices were issued under Section 111 of the Code of Criminal Procedure asking farmers to furnish personal bonds in the range of Rs 50,000 to Rs 10,00,000 (Rupees fifty thousand to ten lakh) and two sureties for the like amount on the basis of apprehension of breach of law and order amid protests.

Thereafter, the notice was challenged in the court and according to LiveLaw, the plea stated that the notices that have been issued by District administration of Sitapur to farmers were “causing them financial hardship and not allowing them to move freely from their dwelling place”.

The same Bench, on January 25, questioned the State Government over the reason behind such a notice. The Bench said, “Considering the averments made in the present writ petition and notices, which have been issued to the farmers, who are tractor owners, we deem it appropriate to call instructions from the State authorities as to under what circumstances such an exorbitant amount of personal bond and two sureties have been asked to furnish to them”.

Finally, the court decided to dispose of the matter yesterday (February 2) as the state counsel assured the Bench that he shall instruct the District Magistrate Sitapur-respondent No.2 “to be careful in future while any such proceedings are initiated so that no unnecessary harassment is caused to any person and further to instruct the SDMs working under him.”

The order may be read here:

Related:

Ensure safety of protesting farmers, stop propaganda against Sikhs: Plea in SC
Budget Session: How the Centre justified farms laws in Lok Sabha
Gov't will not compensate families of farmers who died during protests: MHA

Bonds levied on UP farmers: Allahabad HC warns DM to be “cautious”

The court warned the Sitapur DM to not act arbitrarily and against natural justice over their notice demanding exorbitant personal bonds from farmers

Image Courtesy:indianexpress.com

The Uttar Pradesh Government informed the Allahabad High Court on February 2 that it had decided to drop the proceedings against farmers with tractors who were earlier issued notices to furnish exorbitant personal bonds in the wake of farmers’ protests.

The court noted, “Today, Sri V.K. Shahi, learned Additional Advocate General for the State of U.P. has informed the Court that notices were issued to 162 persons for executing the bond of Rs.10 lacs and two sureties of the like amount out of which 43 persons have appeared in the matter and on the basis of fresh challan report, the proceeding against all the persons have been dropped, as there is no further apprehension to breach of peace or disturbance of public tranquillity.”

The Division Bench of Justices Ramesh Sinha and Rajeev Singh also noted that the Counsel for the State “could not justify” the acts of the Sub-Divisional Magistrates (SDM) of various divisions working under the District Magistrate, Sitapur for issuing notice to farmers for furnishing personal bonds.

The Bench took the matter into consideration and remarked that “the District Magistrate Sitapur and the SDMs working under him shall be cautious in passing orders in any proceedings of such a nature calling upon the persons to execute personal bond and sureties and their orders, act and conduct should not be such which reflects arbitrariness and against the principles of natural justice.”

On January 19, notices were issued under Section 111 of the Code of Criminal Procedure asking farmers to furnish personal bonds in the range of Rs 50,000 to Rs 10,00,000 (Rupees fifty thousand to ten lakh) and two sureties for the like amount on the basis of apprehension of breach of law and order amid protests.

Thereafter, the notice was challenged in the court and according to LiveLaw, the plea stated that the notices that have been issued by District administration of Sitapur to farmers were “causing them financial hardship and not allowing them to move freely from their dwelling place”.

The same Bench, on January 25, questioned the State Government over the reason behind such a notice. The Bench said, “Considering the averments made in the present writ petition and notices, which have been issued to the farmers, who are tractor owners, we deem it appropriate to call instructions from the State authorities as to under what circumstances such an exorbitant amount of personal bond and two sureties have been asked to furnish to them”.

Finally, the court decided to dispose of the matter yesterday (February 2) as the state counsel assured the Bench that he shall instruct the District Magistrate Sitapur-respondent No.2 “to be careful in future while any such proceedings are initiated so that no unnecessary harassment is caused to any person and further to instruct the SDMs working under him.”

The order may be read here:

Related:

Ensure safety of protesting farmers, stop propaganda against Sikhs: Plea in SC
Budget Session: How the Centre justified farms laws in Lok Sabha
Gov't will not compensate families of farmers who died during protests: MHA

Related Articles

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

Theme

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Campaigns

Sunday

03

Jan

Pan-India

Saturday

05

Dec

05 pm onwards

Rise in Rage!

North Gate, JNU campus

Thursday

26

Nov

10 am onwards

Delhi Chalo

Pan India

IN FACT

Analysis

Stop Hate

Hate and Harmony in 2021

A recap of all that transpired across India in terms of hate speech and even outright hate crimes, as well as the persecution of those who dared to speak up against hate. This disturbing harvest of hate should now push us to do more to forge harmony.
Taliban 2021

Taliban in Afghanistan: A look back

Communalism Combat had taken a deep dive into the lives of people of Afghanistan under the Taliban regime. Here we reproduce some of our archives documenting the plight of hapless Afghanis, especially women, who suffered the most under the hardline regime.
2020

Milestones 2020

In the year devastated by the Covid 19 Pandemic, India witnessed apathy against some of its most marginalised people and vilification of dissenters by powerful state and non state actors. As 2020 draws to a close, and hundreds of thousands of Indian farmers continue their protest in the bitter North Indian cold. Read how Indians resisted all attempts to snatch away fundamental and constitutional freedoms.
Migrant Diaries

Migrant Diaries

The 2020 COVID pandemic brought to fore the dismal lives that our migrant workers lead. Read these heartbreaking stories of how they lived before the pandemic, how the lockdown changed their lives and what they’re doing now.

Archives