Stubble burning by farmer; landmark judgment given by District & Sessions Judge Patiala
Kanwar Inder/ royalpatiala.in/Patiala
The District and Sessions Judge, Patiala, Rajinder Aggarwal has pronounced a landmark judgement while disposing off an appeal against the judgment of lower court at Rajpura which had sentenced a farmer Balwinder Singh from Ghanaur to 1 month imprisonment with a fine of Rs. 1000.
The court of Sessions Judge Aggarwal released the guilty farmer instead of awarding harsh punishment on the promise of desisting from stubble burning in future with furnishing probation bond of Rs. 20,000 and on a guarantee of a witness.
This historic judgment has been pronounced with a view to encouraging the farming community to contribute towards ensuring a safer and cleaner environment. The Ghanaur police had registered a case no. 86 against farmer Balwinder Singh, a resident of Ghanaur on 24th October, 2016 on the charges of burning paddy stubble in gross violation of the prohibitory orders issued by the District Magistrate, Patiala u/s 144 of the CrPC.
The police on completing the probe in the matter presented the report under sections 173 CrPC and section 195(i)(a). In the aftermath of this, the lower court at Rajpura had on 6/9/2017 framed charges against the said farmer Balwinder Singh u/s 188 of IPC. Subsequently, the court had sentenced the said farmer to period of one month imprisonment and Rs. 1,000 fine on 20-3-2019 on the charges of burning stubble.
During the course of hearing on the appeal, it also came out that while burning stubble poses grave danger to the environment, it also puts human health and that of birds and animals at great risk. So, in order to make the farmers aware, the court of District and Sessions Judge Rajinder Aggarwal instead of pronouncing a harsh judgment thought it prudent to inspire the farming community into disposing off the paddy stubble using some alternate methods rather than burning the same so as to ensure that the farmers shed this harmful practice.
Keeping in view the interests of law, the District and Sessions Judge Rajinder Aggarwal pronounced a historical judgment that instead of awarding one month’s imprisonment to the farmer, giving the benefit under Probation of Offenders Act would serve the interests of justice more and the farmer would give an undertaking in writing that he would desist from burning paddy stubble for a period of two years and would dispose off the stubble using some alternate methodology and in due course, he would become habitual to not burning paddy stubble.
As per the judgment of the court of Sessions Judge Rajinder Aggarwal, the SHO PS Ghanaur would keep a hawk’s eye on the above mentioned farmer and in case, the farmer is found indulging in the practice of burning paddy stubble then he would be strictly proceeded against in accordance with the provisions of the law.
February, 10,2020
