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Violence following Dera chief conviction: Courts cannot ‘abdicate’, warns amicus

240 FIRs registered but 130 ended in acquittals, says amicus: 'If trials collapse in this fashion, it would only show that the self-organised collapse and self-induced paralysis of the state continues'

The matter, which has been in court since 2017, was taken up by a special bench of Chief Justice Sheel Nagu, Justice Vinod S Bhardwaj and Justice Vikram Aggarwal (Archive)

The Punjab and Haryana High Court on Friday resumed hearings in the matter pertaining to the large-scale violence and arson that broke out in Panchkula on August 25, 2017, following the conviction of Dera Sacha Sauda chief Gurmeet Ram Rahim Singh in a rape case. Property worth Rs 118 crore was destroyed and more than than 35 people were killed as Dera followers, armed with weapons, clashed with security forces, and the Army had to be called in to restore order .

The matter, which has been in court since 2017, was taken up by a special bench led by Chief Justice Sheel Nagu and comprising Justices Vinod S Bhardwaj and Vikram Aggarwal.

Senior Advocate Anupam Gupta, appearing as amicus curiae, opposed any move to refer the matter to a tribunal, describing it as “judicial self-abnegation”, a surrender of the High Court’s constitutional responsibility.

“This is not one of those routine cases where speed of disposal and pendency figures should dominate the court’s mind,” Gupta submitted. “It is a highly sensitive matter that goes to the heart of constitutional accountability. Violence in capital or near-capital cities has acquired a menacing resonance in South Asia. What happened in Panchkula shook not only its residents but the entire Tricity — Chandigarh, Mohali and Panchkula, including lawyers, judges and court staff who felt vulnerable”.

At one point, Chief Justice Nagu asked Gupta whether examining the state’s role in permitting mass gatherings, and its possible complicity, would amount to holding a trial against the government. Gupta submitted that this was not an ordinary trial but the constitutional duty of the High Court under Article 226. “Whether the outcome is absolution, exoneration or indictment, the duty is yours. How can subordinate judicial officers go about deciding questions of such gravity? They are subject to your administrative and constitutional control under Article 235. To outsource these issues would be abdication,” he said.

Gupta also highlighted that despite more than 240 FIRs registered after the violence, over 130 cases had reportedly ended in acquittals. “If all trials collapse in this fashion, it would only show that the self-organised collapse and self-induced paralysis of the state continues,” he warned, urging the court to call for the trial records.

The amicus then identified three key questions (No. 1, 3 and 6) framed in an earlier interim order passed by a full bench of acting Chief Justice S S Saron, and Justices Surya Kant and Avneesh Jhingan on August 29, 2017.

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Gupta said the questions required urgent determination by the present bench: Firstly, whether the state of Haryana failed in its duty to prevent mass gatherings in Panchkula and other parts of the state on August 25–26, 2017. Whether, in consequence, there was any complicity on the part of the state with the Dera leadership.

Second, what is the jurisdiction of the High Court under Article 226 to award compensation directly or indirectly to members of the public affected by the violence.

Third, in what conditions and situations would preventive public interest litigation be maintainable before the High Court in a matter relating to law and order and public order which primarily is the domain of the law enforcing authorities?

Gupta said, “Normally PILs arise after the event. Here the question is whether intervention before the event is permissible to prevent breakdowns of public order”.

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At one point, when Gupta said, “I must take my submissions to a logical conclusion by way of assisting my lord, so that I will definitely…by virtue of the affidavits… show complicity of the state”, Justice Bhardwaj pointed out the thin line between culpability and administrative lapse.

Chief Justice Nagu asked Gupta, “You are the amicus, why are you so passionately involved?”

While noting that he thought the Bench would pass an order in the case, the Chief Justice said he would hear Gupta’s contentions after Diwali vacation.

In its interim order of August 29, 2017, the court had directed for constitution of special investigation teams for monitoring cases registered in Punjab and Haryana following the violence on the day Gurmeet Ram Rahim was convicted of rape. It had also restrained the two governments in the two states from canceling any FIRs without its permission.

Manraj Grewal Sharma

Manraj Grewal Sharma is a senior journalist and the Resident Editor of The Indian Express in Chandigarh, where she leads the newspaper’s coverage of north India’s most politically and institutionally significant regions. From Punjab and Haryana to Himachal Pradesh and the Union Territory of Chandigarh, she oversees reporting at the intersection of governance, law, politics and society. She also reports on the diaspora, especially in Canada and the US. With a career spanning journalism across several countries, academia and international development, Manraj brings a rare depth of perspective to regional reporting. She is widely regarded as a leading chronicler of Punjab’s contemporary history and socio-political evolution, particularly its long shadow of militancy, federal tensions and identity politics. Her book, Dreams after Darkness, remains a definitive account of the militancy years and their enduring aftermath. Professional Background & Expertise A gold medalist in mass communication and a post-graduate in English literature, Manraj has a multifaceted career spanning journalism, academia, and international development. She was also awarded a fellowship by National Foundation of India and did several in-depth pieces on Manipur. Internationally, she has reported from Israel, US, UK, Myanmar, and Mauritius Her key focus areas include: Regional Politics, History, Agriculture, Diaspora, and Security. Of late, she has started focusing on Legal & Judicial Affairs: Much of her recent work involves reporting on high-stakes cases in the Punjab and Haryana High Court, ranging from environmental policy to civil rights. International Consulting: She previously served as a consulting editor for the Asia Pacific Adaptation Network and a publishing consultant for the Asian Development Bank (ADB) in Manila. Academia: For five years, she was the managing editor of Gender, Technology and Development, a peer-reviewed international journal at the Asian Institute of Technology, Bangkok. Recent Notable Articles (Late 2025) Her recent reportage focuses heavily on judicial interventions and regional governance: 1. Environment & Governance "‘NGT can’t test legality of policy’: HC hears challenge to Punjab’s ‘Green Habitat’ plan" (Dec 22, 2025): Covering a critical legal battle over whether the National Green Tribunal has the authority to strike down a state policy regularizing farmhouses on delisted forest land. "High court pulls up Punjab poll panel over audio clip probe" (Dec 10, 2025): Reporting on judicial concerns regarding the transparency and fairness of local body elections. 2. Legal Rights & Social Welfare "HC issues notice to Punjab, Haryana over delay in building old age homes" (Dec 22, 2025): Reporting on a contempt petition against top officials for failing to establish government-run homes for the elderly as promised in 2019. "Victims can appeal acquittals in sessions court without seeking special leave" (Dec 19, 2025): Highlighting a significant procedural shift in criminal law following a Supreme Court ruling. "HC upholds benefits for Punjab FCI officer acquitted in 20-year-old bribery case" (Dec 19, 2025): A report on the concept of "honourable acquittal" and its impact on employee benefits. 3. Human Rights & Identity "As Punjab denies parole to MP Amritpal Singh, HC asks it to submit ‘foundational material’" (Dec 1, 2025): Covering the legal proceedings regarding the radical preacher and sitting MP's request to attend Parliament. "Protecting life paramount: HC backs Muslim woman in live-in after verbal divorce" (Nov 6, 2025): Analyzing judicial protections for personal liberty in the context of traditional practices. Signature Beats Manraj is recognized for her ability to decode complex judicial rulings and relate them to the everyday lives of citizens. Whether it is a 30-year-old land battle in Fazilka or the political implications of Kangana Ranaut’s candidacy in Mandi, her writing provides deep historical and regional context. Contact @grewal_sharma on X manrajgrewalsharma on Instagram ... Read More

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