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Why such exorbitant amounts sought in bonds and sureties from farmers: Allahabad HC asks State 

The court took up the instant petition and asked the district authorities of Sitapur district to explain the reason behind the orders issued

Sabrangindia 26 Jan 2021

farmers
Representation Image
 

The Lucknow bench of Allahabad High Court has made an urgent intervention in a matter where district authorities had sought large amounts in sureties and personal bonds from poor farmers, including women, as “security for keeping peace”.

The petitioner, former advisor to the UP government and an independent researcher and social activist pressed for an urgent hearing as the District Administration of Sitapur had passed an order against farmers. The division bench of Justices Rajeev Singh and Ramesh Sinha agreed to hear the instant petition taking into consideration the urgency of the matter.

The petitioner stated that several orders have been issued by Sub-Divisional Magistrates of the different areas of District Sitapur from January 19 onwards to farmers, including women, under section 111 of CrPC calling upon them to furnish personal bond of Rs.50 Thousands to 10 Lacs and two sureties in the like amount on apprehension that he/she would violate the law and order in the light of the ensuing farmers protest in the district.

Section 111 of CrPC gives the Executive Magistrate power to order a bond to be executed by a person as “security for keeping the peace”. Under section 107(1) CrPC, when an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity, and is of opinion that there is sufficient ground for proceeding, he may require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace.

Counsel appearing for the petitioner, Veena Rajes, submitted that notices issued by the State authorities are not only baseless but also take away the fundamental rights of a person, given how farmers are not allowed to come out from their houses as the police have surrounded their houses. She also contended that the personal bond and sureties sought are in exorbitant amounts, and the same cannot be sought from poor farmers merely on the basis of local police reports without providing farmers an opportunity to be heard.

The court thus directed state authorities to submit under what circumstances such an exorbitant amount of personal bond and two sureties have been asked to furnish to them. The matter has been listed for hearing on February 2.

The orders seem to be in response to the tractor rally planned on Republic Day whereby farmers are driving their tractors towards Delhi’s borders in support. UP’s Ghazipur district had ordered a ban on sale of fuel for tractors but retracted the order after facing backlash. It is estimated that around 25,000 tractors will arrive from different districts of Uttar Pradesh at Ghazipur, Singhu and Tikri borders. Apart from these, several districts have planned tractor rallies within the territorial limits to show solidarity to the tractor rallies around Delhi.

The farmers are protesting three controversial farm laws passed by the Parliament, and the agitation has only gained more traction with the passage of each day. The protests have intensified as talks with the government have not turned out to be fruitful, as the Centre refuses to relent to farmers’ demand of repeal of the laws.

The complete order may be read here.

Related:

SHOCKING! Nearly 3 lakh farmers died due to loan debts in the last two decades!

Come, stand with India’s annadaatas!

Farmers tear memorandum in face of Maha govt’s insensitivity

Why such exorbitant amounts sought in bonds and sureties from farmers: Allahabad HC asks State 

The court took up the instant petition and asked the district authorities of Sitapur district to explain the reason behind the orders issued

farmers
Representation Image
 

The Lucknow bench of Allahabad High Court has made an urgent intervention in a matter where district authorities had sought large amounts in sureties and personal bonds from poor farmers, including women, as “security for keeping peace”.

The petitioner, former advisor to the UP government and an independent researcher and social activist pressed for an urgent hearing as the District Administration of Sitapur had passed an order against farmers. The division bench of Justices Rajeev Singh and Ramesh Sinha agreed to hear the instant petition taking into consideration the urgency of the matter.

The petitioner stated that several orders have been issued by Sub-Divisional Magistrates of the different areas of District Sitapur from January 19 onwards to farmers, including women, under section 111 of CrPC calling upon them to furnish personal bond of Rs.50 Thousands to 10 Lacs and two sureties in the like amount on apprehension that he/she would violate the law and order in the light of the ensuing farmers protest in the district.

Section 111 of CrPC gives the Executive Magistrate power to order a bond to be executed by a person as “security for keeping the peace”. Under section 107(1) CrPC, when an Executive Magistrate receives information that any person is likely to commit a breach of the peace or disturb the public tranquillity, and is of opinion that there is sufficient ground for proceeding, he may require such person to show cause why he should not be ordered to execute a bond with or without sureties for keeping the peace.

Counsel appearing for the petitioner, Veena Rajes, submitted that notices issued by the State authorities are not only baseless but also take away the fundamental rights of a person, given how farmers are not allowed to come out from their houses as the police have surrounded their houses. She also contended that the personal bond and sureties sought are in exorbitant amounts, and the same cannot be sought from poor farmers merely on the basis of local police reports without providing farmers an opportunity to be heard.

The court thus directed state authorities to submit under what circumstances such an exorbitant amount of personal bond and two sureties have been asked to furnish to them. The matter has been listed for hearing on February 2.

The orders seem to be in response to the tractor rally planned on Republic Day whereby farmers are driving their tractors towards Delhi’s borders in support. UP’s Ghazipur district had ordered a ban on sale of fuel for tractors but retracted the order after facing backlash. It is estimated that around 25,000 tractors will arrive from different districts of Uttar Pradesh at Ghazipur, Singhu and Tikri borders. Apart from these, several districts have planned tractor rallies within the territorial limits to show solidarity to the tractor rallies around Delhi.

The farmers are protesting three controversial farm laws passed by the Parliament, and the agitation has only gained more traction with the passage of each day. The protests have intensified as talks with the government have not turned out to be fruitful, as the Centre refuses to relent to farmers’ demand of repeal of the laws.

The complete order may be read here.

Related:

SHOCKING! Nearly 3 lakh farmers died due to loan debts in the last two decades!

Come, stand with India’s annadaatas!

Farmers tear memorandum in face of Maha govt’s insensitivity

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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

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

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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

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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.
Delhi HC

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A spate of provocative speeches, that amount to hate speech in law and should be prosecuted allowed blood letting to spill on the streets of north east Delhi in February-March 2020

Archives