Panchayat Polls Violence | Uttarakhand High Court Bars Media From Reporting Courtroom Discussions; Flags 'Growing Gun Culture'

Amid disturbing incidents of abductions and even firing on August 14, a Bench of Chief Justice G Narendar and Justice Subhash Upadhyay restrained the media from publishing courtroom interactions, making it clear that only orders passed by this Court can be reported.

"The media and the third parties shall not publish, or reproduce any interactive or court-room discussions, and shall only publish or circulate orders passed by this Court. The live streaming is the property of the High Court and is not to be reproduced, published or circulated without permission of the appropriate authority", the court remarked.

The division bench, disturbed by the use of illegal firearms during the poll violence, also sounded a stern warning against the rise of a "growing gun culture" and directed that the Home Secretary and Director General of Police, Uttarakhand, be impleaded to ensure the menace is tackled at the root.

The order came in a Public Interest Litigation (PIL) plea concerning allegations of large-scale violence, abduction of Zila Panchayat members and use of firearms during the Nainital panchayat polls.

In compliance with the Court's August 18 order, the District Magistrate, Nainital, on August 19 filed a detailed narration of events between August 6 and August 18 in connection with the elections.

Similarly, the Senior Superintendent of Police, Nainital, also appeared before the Court and filed his statement on affidavit, which was also taken on record.

Taking note of the firing on August 14 and other episodes complained of by the petitioner, the Bench observed that such occurrences "have uniformly disturbed everyone, without exception".

The Court remarked that "there have been cases and cases, where attempts to commit murders have been made using illegal firearms".

Calling out what it described as a 'growing gun culture', the Bench observed thus:

"…use of these kattas or illegal firearms, in the opinion of all counsels, is something that requires to be dealt with firmly".

In this backdrop, the Court directed that the Secretary (Home), Government of Uttarakhand, and the Director General of Police, Uttarakhand, be brought on record as party respondents “in order to make an endeavour to nip the evil in the bud, and it is not a legacy that any of the members present on the Bench would like to leave for the generations to come”.

Background

On August 14, the Bench was apprised that five elected representatives were missing. The SSP informed the Court that police teams had visited their homes, but were told by relatives that the representatives had gone elsewhere and did not require security.

The SSP, Nainital, also submitted that they had received certain affidavits deposed and signed by five candidates stating that they are leaving on their own volition to certain places and that in the event any complaint is lodged stating that the said deponents are missing, they have requested the police not to register any cases.

However, counsel for the petitioners produced videos in Court showing one of the deponents, Dikar Singh Mewari, was purportedly seen being dragged away by goons, out of which one or two faces are identifiable.

The Court had found it 'more shocking' that one armed police men was seen turning away and looking the other way.

Family members of the abducted candidates also appeared in Court. For instance, Uma Bisht testified that her brother, Deep Singh Bisht, had been abducted that morning.

Similarly, Vinod Kotalia narrated that he witnessed his brother, Pramod Singh, being dragged away by named individuals. Another deponent, Sanjeev Jantwal, stated that he saw on Facebook a video of his father, Vipin Singh, being taken away by some people.

The Court had directed the SSP to marshal resources to ensure their safe presence at the polling station and allowed the District Magistrate to extend polling hours if necessary.

The Bench also arranged security for ten other elected members who expressed fear of violence. It directed the High Court's Chief Security Officer to escort them to the voting centre with an adequate police force.