Prakash Singh Committee Report on Jat reservation protest - Abhishek Kadyan

8/16/2019 Prakash Singh Committee Report on Jat reservation protest - Abhishek Kadyan

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Prakash Singh Committee Report

on

Role of Officers of Civil Administration and Police

During the Jat Reservation Agitation (Feb. 7 - 22, 2016)

Volume I – Main Report

(Volume I – Main Report)

(Volume II – Role of Intelligence)


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CONTENTS

Preface 3

1. Government Order constituting the Committee 42. Methodology 63. Historical Background of the Agitation 84. Adding Fuel to Fire 165. Agitation over Reservations- A Panoramic View 236. District-wise Assessments 30

i. Rohtak 30ii. Jhajjar 61iii. Jind 84

iv. Hisar 101v. Kaithal 113vi. Bhiwani 123vii. Sonepat 137viii. Panipat 158

7. Role of State Police 1658. Role of CAPFs/ Army 1739. Role of Senior Officers at Headquarters 18010. Internal Security Scheme 18311. Concluding Observations 186


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ANNEXURES

I. Data relating to Districts A. Rohtak 194

B. Jhajjar 269C. Jind 288D. Hisar 301E. Kaithal 319F. Bhiwani 332G. Sonepat 344H. Panipat 362

Information in respect of every district given under following heads:

i. Incidents of violence, arson and loot during the Riots.ii. Use of Force by Police/CAPF/Army.iii. Summary of Oral Submissions by members of public, victims of

violence and others.iv. Summary of Statements/Representations by members of pubic,

witnesses and victims of crime.II. Cases Registered/Progress in Investigations 363III. Damage to Private Property 364IV. Damage to Government Property 365V. Damage to Police Property 366VI. Road blockades on National Highways 367VII. Action taken by State Govt. against officers for dereliction of duty, etc. during

Riots 372VIII. Manpower Shortage in the State 373IX. Availability and Use of Anti-Riot Equipments 374X. Questionnare for Officers 375XI. Reports of Senior Officers sent from Chandigarh 376XII. Interaction with Army Officers 411XIII. Maps of

(a) Haryana 412(b) Road Blockades 413(c) Railway Blockades 414

XIV. (With Master Copy of Report only)CD 1 – Summary of Oral Submissions made by Officers before the CommitteeCD 2 – Summary of Oral Statements made by General Public before the CommitteeCD 3 – Videography of select Scenes of CrimeCD 4 – CD showing Action/Inaction by Security ForcesHard Disk – Hard disk containing Videography of all the Scenes of Crime and also full OralStatements made by Officers and members of Public


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PREFACE

There were serious disturbances across the State of Haryana during February, 2016as a result of agitation for reservations. Eight districts of the State were particularly affected.There was extensive damage to public and private property. Precious lives were lost. TheState Government decided to appoint a One-man Committee “to inquire into the acts ofomission and commission on part of all officers and officials of both police and civil

administration during the period 7th – 22nd February, 2016 when the Jat reservation agitationresulted in blockade of roads including National Highways, in violence and extensivedamage to public and private properties in many districts”.

The undersigned was called upon to undertake the Inquiry. In view of the enormity ofthe job, I was assisted by two serving officers - Shri K.P. Singh, IPS, then DGP Crime(presently Director General of Police) and Shri Vijai Vardhan, Additional Chief Secretary,Higher Education, Archives and Cultural Affairs Department. The officers renderedinvaluable assistance in conducting the Inquiry and making all the arrangements of our toursto the eight affected districts.

The Committee, during its tours, visited the scenes of major incidents, talked to theaggrieved persons, gave patient hearing to all those who wanted to throw light on theunfortunate incidents, and also interacted with the officers. It turned out to be a painstakingexercise in the course of which the Committee heard 2,217 persons drawn from differentwalks of life. About 400 of them gave written statements also. The Committee alsointeracted with about 200 officers of the affected districts. More than 100 video films of shotstaken during the agitation were received by the Committee. All this evidence was carefullyevaluated.

The Committee was given very limited time. It completed the exercise in about 70

days. A sincere effort was made to identify officers whose acts of omission and commissioncontributed to the problem getting exacerbated. Their names have been mentioned in thedistrict-wise chapters. The Committee has also made some recommendations to improvethe performance of the civil administration and the police so that these wings ofadministration are able to give a much better account of themselves in the event of anychallenge to the internal security of the State in future.

Chandigarh (Prakash Singh)

Dated: 13 May, 2016


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Chapter 1

Government Order constituting the Committee

HOME DEPARTMENT

HARYANAORDER

Sh. Prakash Singh, IPS (Retd.) is appointed to inquire into the acts of omission andcommission on part of all officers and officials of both police and civil administration during theperiod 7th – 22nd February, 2016 when the Jat reservation agitation resulted in blockades of roadsincluding National Highways, in violence and extensive damage to public and private propertiesin many districts.

Sh. Prakash Singh will be assisted by two serving officer of the State Government, onedrawn from the IAS and one from IPS. Services of two investigators of the rank of DeputySuperintendent of Police/Inspector, serving or retired, with previous experience of CID/CBI wouldalso be placed at his disposal. Sh. Prakash Singh will submit his report in this regard within forty-

five days.Sh. Prakash Singh will also undertake a thorough study of the existing structures, proceduresand systems for maintenance of law and order in the State and suggest such improvements inthese, as he deems necessary, to prevent recurrence of such incidents in future. He will submithis report in this regard within a further period of one month. In this task, he will be assisted bytwo serving police officers of the State Government, who would be selected in consultation withhim.

The other terms and conditions of his appointment will be issued separately.

P.K. DAS Additional Chief Secretary

Dated Chandigarh to Govt. Haryana, Home Department25th February, 2016

No. 3/1/2016-1HC Dated Chandigarh, the 25th February, 2016 A copy is forwarded to the following for information and necessary action:-

1. The Chief Secretary to Government Haryana2. The Principal Secretary to Chief Minister, Haryana w.r.t. his No. FR 7113 dated 24.02.163. The Director General of Police, Haryana4. Sh. Prakash Singh, IPS, (Retd.)

Under Secretary, Homefor Additional Chief Secretary

to Govt. Haryana, Home DepartmentInternal Distribution:-

A copy is forwarded for information and necessary action to the:-1. PS/Chief Secretary to Government Haryana2. PS/Principal Secretary to Chief Minister, Haryana

Under Secretary, Homefor Additional Chief Secretaryto Govt. Haryana, Home Department


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HARYANA GOVERNMENTHOME DEPARTMENT

ORDER

In continuation of the orders issued with endorsement of even number dated

25.02.16, Sh. Vijai Vardhan, IAS, Addl. Chief Secretary to Govt. Haryana, Higher Education Archives and Cultural Affairs Department and Dr. K.P. Singh, IPS (HY:1985), DGP/Crimeare appointed as members of the Committee to assist Sh. Prakash Singh, IPS (Retd.) toinquire into the acts of omission and commission on part of all officers and officials of bothPolice and Civil Administration during the period from 7th to 22nd Feb, 2016 when the Jatreservation agitation resulted in blockages of roads including National Highways, in violenceand extensive damage to public and private properties in many districts.

P.K. DasDated Chandigarh Addl. Chief Secretary to Government Haryana

the 3.3.2016 Home DepartmentEndst. No. 3/1/2016-3HC Dated Chandigarh the 03.03.2016

A copy is forwarded to the following for information and necessary actionplease:-

1. The Chief Secretary to Government, Haryana.2. The Principal Secretary to Chief Minister Haryana.3. Sh. Prakash Singh, IPS (Retd.).4. Sh. Vijai Vardhan, IAS, Addl. Chief Secretary to Govt. Haryana, Higher Education

Archives and Cultural Affairs Department.

5. The Director General of Police, Haryana, Panchkula.6. Sh. K.P. Singh, IPS, Director General of Police, Crime, Haryana, Panchkula.

Superintendent Home(C),for Additional Chief Secretary to Govt. Haryana,

Home Department

INTERNAL DISTRIBUTION:-

A copy is forwarded for information and necessary action to the:-

1. PS/Chief Secretary to Govt. Haryana.2. PS/Principal Secretary to Chief Minister Haryana.3. PS/Addl. Chief Secretary to Govt. Haryana, Home Department.4. PS/Principal Secretary to Govt. Haryana, Personnel, Training, Vigilance and

Parliamentary Affairs Department.


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Chapter 2

Methodology

2.1 The members of the Committee, after mutual consultations, adopted a methodologywhich, they felt, would give them a clear understanding of the role of administrative andpolice officers during the agitation over reservations, throwing light on their acts of omissionand commission – omission of acts and responsibilities which they should have performedand discharged, and commission of acts which were not expected of them as responsibleofficers.

2.2 The methodology involved visiting the districts affected, where the followingsequence was observed:

i) Visit the scenes of incidents – The districts affected had different kinds ofincidents. There were incidents of looting and burning of shops andestablishments, houses and schools, factories and malls, etc. In fact, any kindof unit belonging to a different group considered inimical was targeted. Wherethe number of incidents was large, the Committee visited the scenes of themore important incidents only. While visiting, the Committee gave a patienthearing to the victims and specially inquired about the response of the localadministration to their distress calls. All the scenes of incidents werevideographed.

ii) Meeting cross-sections of people - The visit was followed by meetingmembers of the public. It is necessary clarify here that the programme of visitto a district was always published in the newspapers, both English and Hindi.Care was taken that it was published in the local newspapers also, if any. Assuch, wherever the Committee went, there were large numbers of peoplewanting to have an audience with the Committee. The total number variedfrom district to district. It ranged from 250 to 400. Seating arrangement wasmade for these members and, depending on their time of arrival, everyindividual/group was given a specific serial number and the individual/groupwas called in that order. The Committee made it a point to give a patienthearing to all those who had turned up even though it meant overshooting the

time schedule. Besides, the Committee also invitedresponse/information/views from members of the public on any issues relevantto the conduct andr performance of officers.

iii) Recording statements – The members of the public were allowed a widerange of discretion to convey their version. They had the option of orallyspeaking to the Committee. They could also give writtenrepresentation/affidavit to the Committee. If they had not brought any writtenstatement or affidavit, they were given the facility of getting their statementsrecorded on the spot. Four inspectors were available at the venue to recordthe statements of witnesses.


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Chapter 3

Historical Background of the Agitation

3.1 The land area of Haryana has been the cradle of Indian civilization. It was here that

the Vedic civilization blossomed. Archaeological findingsof Guy E. Pilgrim show that 15million years ago, the early man lived in the Shivaliks. It was here that the epic battle ofMahabharata was fought, in which princess and their armies from practically all over thecountry came to fight. It was here in Kurukshetra that Lord Krishna gave the teachingscontained in Bhagwad Gita to Arjuna, the great Pandava warrior. In later times, decisivebattles which changed the course of history were fought in Panipat. Successive waves ofinvaders, who coveted the wealth of India or wanted to establish their rule over Delhi, had topass through the area presently known as Haryana. They had to fight isolated battles withthe martial races inhabiting the region.

3.2 It was here that the armies clashed. It was here that the fate of India was decided in

historic battles. It was here that the cavalries galloped through. It was here that the invadershad to face, for the first time, formations of elephants which quite often upset theircalculations.

3.3 The state of Haryana was carved out on 1 November, 1956. It has since madephenomenal progress.Haryana has the second highest per capita income in India (afterGoa).

3.4 The following description of the people of Haryana, taken from the Report of NationalCommission for Backward Classes, is illuminating:

As per the literature of “People of India”, the JATS have been playing a significantrole in the cultural, political, economic and ethnic arenas and that they are mostancient people. Their titles are Chaudhary, Pradhan, Thakur, Malik, Faujdar andSardar (Sikh JATS). There are many synonyms in their names. In Haryana they areknown only as JAT or JATT, or JUTT. Their tradition connects then with Jata, who issaid to be one of the sons of Lord Brahma. It is also said that they are descendantsof Emperor Yayathi. Now they have three major sections viz., Hindu, Muslim andSikh comprising more than 3000 gotras. They are predominantly agriculturists parexcellence. Since the time of Akbar they have been known as Zamindars. JATcontributed for the surplus food grains. Besides entering into all kind of services,they have also taken to trade and transport brick-kiln laying and builders, industriesand colonizers in the country and abroad. They are not bonded labour among theJATS. The history of the JAT regiment is the history of the Indian Army and thehistory of the JATS is the history of India. Haryana soldiers have been decoratedwith the highest gallantry awards posthumously as well as surviving in the recentwars against Pakistan in defence of their motherland. They sacrificed themselves todefend the country. They are brave people. They normally speak and communicateamong themselves and with others in their local dialects, viz, Jatu, Bangru, Brij andBagri, Punjabi in case of Sikh Jats: Hindi, Urdu, ”Hindustani” and even English incase of educated ones. The scripts used by them are Devnagri, Arabic or Persian,Gurmukhi and English apart from their own language Jatki .


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The normal dress of male consisted of turban, kurta or kamij, dhoti and juti or patan(of leather). The Hindu Jats wear their turban with a slant either on right side oron left and the Sikh Jats do the Patiala style. The JATs children and women are welldressed. Previously men always preferred white clothes and women colorful, but nowtheir children are wearing all types of fashionable clothes. Peacock is their totem andemblem represented in the form of a weather cock on top of their havelis. The JATSare normally vegetarian. They are fond of huqqa smoking. Bidi and cigarettes alsofind a favour with them.

3.5 Tragically, today we are witnessing clashes between different communities overreservations. The state went through a horrific phase of violence during the month ofFebruary in 2016, when sections of people went on rampage, destroying public and privateproperty, disrupting the lines of communication, attacking people they had developedadversarial relations with, resulting in loss of precious lives.

3.6 The events which convulsed the state were the culmination of a series of acts ofomission and commission on the part of people, the politicians and the successivegovernments. Community leaders inflamed passions. Politicians of different hues had theirown axes to grind . Administration, both civil and police, was caught napping and, faced witha formidable challenge on the law and order front, cut a very sorry figure.Before going intothe details of the acts of omission and commission of the administrative and police officers,which is the mandate of the Committee, it is necessary to go into the background of theagitation over reservations.

Constitutional Provisions

3.7 Article 15 of the Constitution prohibits discrimination on grounds of religion, race,caste, sex, place of birth or any of them. Clause (4) of the Article goes on to say that nothingin this Article, “shall prevent the State from making any special provision for the

advancement of any socially and educationally backward classes of citizens or for thescheduled caste and scheduled tribes.”

3.8 Article 16 of the Constitution guarantees equality of opportunity in matters of publicemployment. Clause (4) of the Article states that, “nothing in this Article shall prevent theState from making any provision for the reservation of appointments or posts in favor of anybackward class of citizens which, in the opinion of the State is not adequately represented inthe services under the State.”

3.9 Article 38 and Article 46 under the Directive Principles of State Policy are alsorelevant. Article 38 says that, “the State shall strive to promote the welfare of the people by

securing and protecting as effectively as it may a social order in which justice, socialeconomic and political, shall inform all the institutions of the national life” and that it, “shall, inparticular strive to minimize the inequalities in income, and endeavor to eliminateinequalities in status, facilities and opportunities, not only amongst individuals but alsoamong groups of people residing in different areas or engaged in different vocations”.

3.10 Article 46 of the Constitution emphasizes that, “the State shall promote with specialcare the educational and economic interests of the weaker sections of the people, and, inparticular, of the scheduled castes and the scheduled tribes, and shall protect them fromsocial injustice and all forms of exploitations.”

3.11 Article 340 of the Constitution states as follows,


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“The President may by order appoint a Commission consisting of suchpersons as he thinks fit to investigate the conditions of socially andeducationally backward classes within the territory of India and the difficultiesunder which they labour and to make recommendations as to the steps thatshould be taken by the Union or any State to remove such difficulties and toimprove their condition and as to the grants that should be made for thepurpose by the Union or any State and the conditions subject to which suchgrants should be made, and the order appointing such Commission shalldefine the procedures to be followed by the Commission”.

Central Backward Classes Commissions

Kaka Sahib Kalelkar Commission

3.12 The first Backward Classes Commission was constituted by the President on 29January, 1953 under the Chairmanship of Kaka Sahib, Kalelkar. It submitted its report on 30March, 1955.The Commission prepared a list containing as many as 2,399 communitieswhich were treated socially and educationally backward. The report disclosed aconsiderable divergence of opinion among its members and the Commission failed tospecify any easily discernable objective tests to define „backwardness‟. It ultimately decidedto treat the status of Caste as an important factor. The Central Government did not acceptthe criteria. The report was neither discussed in parliament nor accepted by the Governmentof India.

Mandal Commission

3.13 On 20 December, 1978, the then Prime Minister, Morarji Desai announced theformation of a new Commission to probe the condition of socially and educationallybackward classes. It was headed by B.P.Mandal, a Member of Parliament. The Commission

recommended reservation for scheduled castes and scheduled tribes in proportion to theirpopulation, i.e. 22.5% and reservation of 27% for OBCs. The reservation was to apply to allgovernment services as well as technical and professional institutions, both in the Centreand the States. The Mandal report gathered dust for about one decade. On 7 August, 1990,the V.P.Singh Government abruptly accepted the Mandal Commission recommendations,giving 27% job reservations to the socially and educationally backward classes (SEBCs) inthe Central Government and Public Sector Undertakings. This led to anti-reservationagitation on an unprecedented scale.

3.14 The Mandal Commission Report was challenged in the Supreme Courtin IndiraSawhney & Others Vs. Union of India & Others. The Court delivered its judgment on 16

November, 1992. It took the stand that it was not necessary that the provision under Article16(4) should necessarily be made by the parliament/legislature and that such a provisioncould be made by the Executive also. The Court was of the view that a caste can be andquite often is social class in India. If it is backward socially, it would be a backward class forthe purpose of Article 16(4). The “creamy layer”, the Court clearly said, must be excluded.The adequacy of representations of a particular class in the services under the Sate is amatter within the subjective satisfaction of the appropriate Government.The Court furthersaid that Article 16(4) did not permit reservations in the matter of promotions. This Rulehowever, shall have only prospective operation and not affect the promotions already made.The Government of India and the State Governments have the power to create a permanentmechanism in the nature of a Commission for examining requests of inclusion and

complaints of over-inclusion or non-inclusion in the list of OBCs and to advise the


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Government, which shall ordinarily be binding. If the Government does not accept theadvice, it must record its reasons therefor.

State Commissions

3.15 The State Governments appointed their own Commissions and Committees toinvestigate the conditions of backward classes and to evolve definite criteria to identify the„backwards‟ in their states. The Central Government, in a letter addressed to the State

Governments on 14 August, 1961, expressed its view that while the State Governmentshave the discretion to choose their own criteria for defining backwardness, it would be betterto apply economic tests rather than classifying people by their caste.

Justice Gurnam Singh Commission

3.16 The State Government of Haryana set up its first Backward Classes Commission on7 September, 1990. It was headed by Justice Gurnam Singh. The Commission identifiednine castes as socially and educationally backward. These were: Ahir, Bishnoi, Gujar, Jat,Jat Sikh, Meo, Ror, Saini and Tyagi. The Commission made recommendations for theupliftment of these backward classes. The recommendations were initially accepted but,when challenged in the Supreme Court, the government agreed not to take any action onGurnam Singh Report.

Second Backward Classes Commission

3.17 The recommendations of Second Backward Classes Commission of Haryana, set upon 12 October, 1993, were accepted by the Bhajan Lal Government, whereby Ahir/Yadav,Meo, Saini, Gujjar and Lodh/Lodha communities were notified as backward classes andgiven 11% reservation while giving 16% reservation to OBCs. The Jat community protestedfor their inclusion within the ambit of OBCs for quotas in Central Government jobs. The

protests turned violent and there was large scale loss of private and public property. TheHigh Court of Punjab and Haryana directed the Jat leaders to desist from disruptingmovements of trains and observed that while the agitating groups may have the right toagitate for the redress of their grievances, they must restrict the agitation within the limits oflaw without adversely affecting the national interests.

Justice KC Gupta Commission

3.18 The State Government thereafter appointed another Backward Classes Commissionon 8 April, 2011 headed by Justice K.C. Gupta to consider the legitimacy of the claim toreservations of various segments of society. The Commission recommended Jat, Jat Sikh,

Tyagi, Ror and Bishnoi for inclusion in the list of Other Backward Classes (or, SpecialBackward Classes). The Commission was of the view that these Special Backward Classes,which constitute more than 30% of the total population of the State, should not be mergedwith the other Backward Classes and that they should get 10% reservation in the Stateservices beyond the 27% provided to backward classes. It further suggested that the StateGovernment may recommend to the Government of India to include Jat, Jat Sikh, Bishnoi,Ror and Tyagi in the Central List of Haryana State maintained for the purpose so that theycould get the benefit of reservation in the Central jobs.

State Government creates Special Backward Classes

3.19 The State Government of Haryana issued a notification on 24 January, 2013,declaring the following classes of people residing in the State as Special Backward Classes:


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1. Bishnoi2. Jat3. Jat Sikh4. Ror and5. Tyagi

3.20 The notification extended 10% reservation in jobs under Government/Government

Undertaking and Local Bodies as well as educational institutions to these Special BackwardClasses in exclusion of the already notified 27% reservation provided to the BackwardClasses.

3.21 On 4 June, 2013, the Prime Minister addressed a communication to the Ministry ofSocial Justice and Empowerment that a decision had been taken to constitute a Group ofMinisters chaired by the Finance Minister and comprising inter alia the Home Minister for thepurpose of interacting with the representatives of the Jat community regarding their demandfor inclusion in the central list ofBackward Classes and to monitor the expeditiouscompletion of the survey conducted by the National Commission for Backward Classes(NCBC) through the Indian Council for Social Science Research (ICSSR) and to facilitate anearly decision in the matter by the NCBC.

ICSSR Findings on Jats in Haryana

3.22 The ICSSR findings on the Jats in Haryana are reproduced below:

One of the States where Jats have sizeable population is Haryana. Our observationsare based on the Haryana State OBC Commission report, which recommendedreservation for Jats as OBC in the State in 2012. The Commission based itsrecommendations on a sponsored study conducted by Sangwan (2012). The findings

of the study indicate that on occupational structure, Jats in Haryana are a landowningcommunity. Nearly 87% of the Jats are engaged in agriculture. The other economicactivities pursued by Jats include animal husbandry and trade. In the governmentemployment, Jats have about 21% (?) shares in the total Class I & II services in theState which is about four percentage points lower than their share in population(25%) in 2012. However, they lag behind compared to Bishnoi and Brahmins whoseshare in government employment in Class I & II is higher than their respective population share. The comparable figures for Ahir/Yadava and Gujar (the other twocomparable OBC communities with Jats) are not reported in Haryana BackwardClasses Commission Report 2012. On the educational achievements, more than 12%Jat children in the age group of 6-14 years never attended school, which is higher

than many other backward castes. At the graduation level, Jats have about 6.5%enrolment, which is less than average level of 8.3%. At the postgraduate level,enrolment of Jats is 1.71% against the average of 2.26% of the respondents. Theavailable data, therefore, suggests that in Haryana Jats are land-owning community.Their share in class I & II government service is close to their population share butthey lag behind in both school and higher education enrolment .

NCBC Views

3.23 The National Commission for Backward Classes found the Justice Gurnam SinghCommission Report “undependable so far as Jats are concerned”. It also found serious

flaws in the composition and findings of the Justice K.C. Gupta Commission which was theprimary document regarding Haryana and on the basis of which Jats, Jat Sikhs, Rors,


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Tyagis and Bishnois had been included among the Special Backward Classes. Some of thereasons recorded by the NCBC were as follows:

i. Justice Gupta Commission Report was based on the survey conducted in 2012 byMaharishi Dayanand University (MDU), Rohtak, which had made a very selectivestudy.

ii. Apart from Justice Gupta, Commission consisted of at least two other persons whobelonged to the classes/groups which were under consideration and which came to

be included in the state list of other Backward Classesiii. The survey undertaken by MDU, Rohtak showed bias.

3.24 The National Commission for Backward Classes recorded its findings in the followingwords:

Our examination of the various reports, material, books and oral submissions, leavesno manner of doubt that „Jats‟ as a class cannot be treated as a backward class.Ethnically they are at a higher level; they are of Indo Aryan Descent; their educationallevel is high; and the social status they command is far higher than the ordinaryshudras. In the absence of social and educational backwardness coupled withinadequacy of representation in the services, Article 15(4) and 16(4) do not apply forthe purpose of treating Jats as a backward class.

For all the aforesaid reasoning, the Commission is of the unanimous opinion that theJat caste/community has not fulfilled the criteria and the methodology for inclusion inthe Central List of OBCs determining with regard to the social and educationalbackwardness. Therefore, they are not entitled for any special representation in theemployment and educational institutions under Article 15(4) and16(4) of theConstitution of India to treat them as a backward class and accordingly theCommission rejects the request of the „Jat‟ caste/community for their inclusion in the

Central List of OBCs for the States of (1) Haryana, (2)Gujarat, (3)NCT of Delhi, (4)Uttarakhand, (5) Uttar Pradesh, (6)Hiamchal Pradesh, (7)Rajasthan (Bharatpur &Dhaulpur Districts), (8) Madhya Pradesh, and (9) Bihar as they are not socially andeducationally backward.

The NCBC Report was sent to the Government of India on 26 February, 2014.

3.25 It is relevant to record the dates on which the Jat community was included in the listof OBCs in the States in question:

(1) 03.11.1999 State of Rajasthan

(2) 10.03.2000 State of Uttar Pradesh(3) 31.05.2000 NCT of Delhi(4) 06.11.2000 State of Bihar(5) 24.01.2002 State of Madhya Pradesh(6) 16.11.2002 State of Himachal Pradesh(7) 22.03.2010 State of Uttarakhand(8) 24.01.2013 State of Haryana - as Special OBC(9) Gujarat Not included

Government of India‟s decision including Jats in Central List of Backward Classes

3.26 Soon after, on 2 March, 2014, a meeting of the Union Cabinet was held. It decidedthat the advice tendered by the NCBC did not adequately take into account the “ground


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realities”. The Cabinet therefore resolve not to accept the said advice and instead to includethe Jat community in the Central List of Backward Classes for the States of Bihar, Gujarat,Haryana, Himachal Pradesh, NCT of Delhi, Bharatpur and Dhaulpur Districts of Rajasthan,Uttar Pradesh and Uttarakhand. A notification to that effect was issued on 4 March, 2014.

Judicial Intervention

3.27 The aforesaid notification was challenged in the Supreme Court in Ram Singh & Ors.Vs.Union of India.The Court, while delivering its judgment on 17 March, 2015,made thefollowing significant observations:

It is in Indra Sa whney’s case that the terms “backward class” and “socially andeducationally backward classes” are not equivalent and further that in Article 16(4)the backwardness contemplated is mainly social. The above interpretation ofbackwardness in Indra Sawhney would be binding on numerically smaller Benches.We may, therefore, understand a social class as an identifiable section of the societywhich may be internally homogeneous (based on caste or occupation) orheterogeneous (based on disability or gender e.g. transgender). Backwardness is amanifestation caused by the presence of several independent circumstances whichmay be social, cultural, economic, educational or even political. Owing to historicalconditions, particularly in Hindu society, recognition of backwardness has beenassociated with caste. Though caste may be a prominent and distinguishing factor foreasy determination of backwardness of a social group, this Court has been routinelydiscouraging the identification of a group as backward solely on the basis of caste. Article 16(4) as also Article 15(4) lays the foundation for affirmative action by theState to reach out the most deserving. Social groups who would be most deservingmust necessarily be a matter of continuous evolution. New practices, methods andyardsticks have to be continuously evolved moving away from caste-centric definitionof backwardness. This alone can enable recognition of newly emerging groups in

society which would require palliative action.3.28 The Court upheld the view taken by the NCBC and felt that the same was adequatelysupported by good and acceptable reasons which furnished a sound and reasonable basisfor further consequential action on the part of the Union Government. It did not agree withthe view taken by the Union Government that the Jats in the 9 (nine) states in question are abackward community entitled to inclusion in the Central List of Other Backward Classes forthe States concerned. Therefore, it set aside and quashed the Government of Indianotification number 63 dated 4 March, 2014 including the Jats in the Central List of OtherBackward Classes for the States of Bihar, Gujarat, Haryana, Himachal Pradesh, MadhyaPradesh, NCT of Delhi, Bharatpur and Dhaulpur districts of Rajasthan, Uttar Pradesh and

Uttrakhand.

3.29 The judgment caused great consternation among the Jat community, whose leadersmet the Prime Minister and the President of the Bhartiya Janta Party, seeking restoration ofreservation to the community. The Government of India thereafter filed a review petition, butthe same was dismissed by the Supreme Court on 20 July, 2015. The sequence of eventsgreatly hurt the Jat youth who were given the benefit of reservation between the period 4March, 2014 (when Government of India issued the notification) and 17 March, 2015 (whenthe said notification was struck down). There were candidates who were selected againstthe OBC category but were not given appointments because of judicial orders. There wassimilar heartburn among candidates who were looking forward to admissions in educational

institutions.


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3.30 The High Court of Punjab and Haryana delivered another punch. On 27 July, 2015, itstayed the reservation givento Special Backward Classes in government jobs as well aseducational institutions in the State. The Jat community was thus denied the benefit ofreservation both in the Central List of OBCs as well as the Special Backward Classes List ofHaryana.

3.31 There was disappointment. There was anger. The mood and the temper for agitationstarted building up.


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Chapter 4

Adding Fuel to Fire

4.1 A distressing aspect of the unfortunate events in Haryana was that leaders of

communities demanding and opposing reservations were making rabid statements inseason and out of season. There was no restraint in the choice of words. Abuses werehurled. Adjectives were fired. It was a free for all. It was like adding fuel to fire.

4.2 The following samples should suffice.Given below are extracts of speeches made bythose opposing reservations.

tkV vkj{k.k ds fojks/k e%&

1- lkaln jktdqekj lSuh }kjk fnukad 02-05-2015 dk tkVka ds f[kykQ fefM;k e fn;k x;k C;ku

ge 11 ebZ ls vkj ikj dh yMkbZ yMsxsa ;s rks vkj ikj dh yMkbZ gh yMrs vk jgs gSA ;s dkSu lk lfo/kku es a Hkjks lk]U;k;ikfydk esa budk Hkjks lk FkksMk gh gSA budk rks vius yB es a gh Hkjkslk gSA vkSj ogh FkjSVfuax ;s] eSa buds >ka ls es a ughvkus okyk ugh gw WA tgka eq>s tkuk gksxk eS a tkmaxk] tgka eq>s ugha tkuk eS a ugha tkmaxkA eS a buds mdlkus ls ugh tkmxkaA

2- lkaln jktdqekj lSuh }kjk fnukad 03-05-2015 dk tkVka ds f[kykQ fefM;k e fn;k x;k C;ku

tks tkV egklHkk ds iz/kku gS] vkseizdk'k th us ;s FkjSfVax nh gS ds tc fHkokuh ds izksxz ke es a jktdqekj lSuh vk,xs a] rks ge muls nks&nks gkFk djsxs a] ge mudk ?ksjko djs axs] fojks/k djsaxsA tks Hkh muds eu es a gksxk oks djsxs aA ysfdu es a js ikl tks 7 ebZ dks vkschlh ds cgqr lkjs laxBu fnYyh ds vUnj ta rj ea rj ij iznZ'ku djus tk jgs gS] ogka ij mUgksus a 40 ls 50

lka lnks a dks cqyk j[kk gS] eq>s Hkh bUkokbZV dj j[kk gSA ml lanHkZ es a tks eSus a vkschlh dh vkokt mBkbZ vkSj tkV vkj{k.k dkfojks/k fd;k fd ;fn tkVks dks gh vkj{k.k fn;k rks blls csgrj gS fd bl VksVy vkj{k.k dks [kRe dj nks ;k lHkh dks vkj{k.k ns nksA tks Hkh fcjknfj;k ftl la[;k es a gSa 100 iSls es a ls ftlds ftrus iSls cSBrs ga S mu lcdks mruk ns fn;k tkuk

pkfg,A vU;Fkk chih,y dkMks Z ij bldks vkfFkZd vk/kkj ij dj nsuk pkfg,] ;fn tkVks a dks vkj{k.k nsuk gSA vU;Fkk 27 izfr'krvkj{k.k ds f[kykQ vxj dksbZ NksVh ls NksVh vkap Hkh vkbZ rks ge cSdoMZ ds yksx ge fdlh Hkh gn rd mldk eqdkcykdjs sxs aA vkSj bles a dksbZ NsMNkM ugh gksus nsxsaA tc ;s oDRkO; eSus fn;k rks ml oDr tkV leqnk; ds cgqr lkjs yksxks us ikjfy;eS aV ds gekjs ftyk dSFky ds vUnj cgq r lh nhokjks ij ;s fy[k fn;k Hkw u Mkyks vxj tkV us eka dk nq/k fi;k gS rksbl dqrs ds fiYys dks] eksnh ds fiYys dks vkSj irk u tkus pks j] vkSj irk ugh fdruh xkfy;k bUgksus fy[khA ftl dk 1 eghus

rd eSus dksbZ laKku ugh fy;k vkS j oks ,sls gh fy[kh jgh mudks NsMk rd ugh vkSj u gh muds ckjs es a dqN cksykA bl chpes a ,d gekjk tkV HkkbZ pSuy okyk tks vkrk gS] es js ls iqN ys rk gS vkidks dksbZ /edh feyh] ;k rks mlus oks tku cq> djckr iqNh] ;k vUkk;kl iwNh eq>s ugh irkA ftlds lanHkZ es a /kefd;a k rks cgqr feyhA tkV leqnk; ds yksxks us cgqr xank xankes js ckjs es a fy[kk gS eSus mldh dksbZ ojh ugh dhA ysfdu mlus oks vxys fnu Vh oh ij pyk nhA mlus iqNk fd vHkh rddksbZ fpVBh fy[kh eSus dgk vHkh lksp jgk gW w A vHkh rd dksbZ fpVBh ugh fy[khA tc mlus Vhoh ij pyk nh rks es jhftEesokjh cu xbZ dh eS a ljdkj ds laKku es a ykmaA tks pht tx tkfgj gks pqdh gSA rks eSus ,d fpVBh fy[kh vks j x`gea =ky; dks Mky nhA tc ml fpVBh dk cSjok lkjs pSuyks ij pyk rks tkV leqnk; dh 75 [kkiksa us ml ij coaMj [kMk dj

fn;k fd jktdqekj lSuh lLrh yksdfiz;rk ysus ds pDdj es a ;s vuki luki gFkdaMs viuk jgk gSA rks eS vc muls iqNukpkgrk gW w oks rks lLrh yksdfiz;rk yksxks a us mldks djkj fn;k gS vkSj ukVd djkj fn;k rks vc lks'ky ehfM;k ij vkseizdk'kth us ;s /kedh NksMh gS fd ge ;s djsxs oks djsxs a ;s ukVd Fkk ;k oks ukVd FkkA ;k ;s Hkh lp gS oks Hkh lp FkkA ;s [kqnviuh cks[kykgV es a brus gMcMk, gq, gS fd fdlh Hkh gn rd dqN Hkh dg ldrs gS] dqN Hkh djus ds fy, rS;kj [kMs gSAysfdu bUgksus rks 4 fnu ckn es a gh tc lqiz he dksVZ us buds vkj{k.k dks u"V fd;k Fkk rks ml OkDr bUgksus dgk Fkk fd dkSugks rk gS lqizhe dksVZ gekjs tkV vkj{k.k dks [kRe djus okykA

3- vkschlh fcxzM urkvks }kjk fnukad 23-08- 15 dks lSuh /ke’kkyk thUn es 30@40 yksxks dh ekS twnxh e dh xb ukjsckth%&

vkschlh fcxz sM ftUnkckn&vkschlh fcxz sM ftUnkckn&vkschlh fcxzsM ftUnkckn]jktdqekj lSuh ftUnkckn] lqjsUnz jksfgYykftUnkckn] jkeiky jkBh ftUnkckn] lqjsUnz jksfgYyk ftUnkckn] lqjsUnz jksfgYyk ftUnkckn] dfork iakpky ftUnkckn] lq jsUnz

jksfgYyk ftUnkckn] jktdqekj lSuh vkschlh fcxz sM ftUnkcknA


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4- Lkkaln jktdqekj lSuh o vks0 ch0 lh0 urk vkj0 ,l0 dEckst }kjk ikuhir ea fnuka d 27-09-2015 dks fiNMk oxZ ,drk lEeyu es tkVka ds f[kykQ fn, x, Hkk k.k

lkaln jktdqekj lSuh%&

vxj 27 izfr’kr ds lkFk NsMNkM dh rks 27 izfr’kr ugha 54 izfr’kr dh ckr djsxa s aA ;fn vki lHkh bl ckr ds fy, rS;kj gS a fd 27 izf’klr ls NsMNkM gks rh gS rks vki 54 izfr’kr ds fy, rks gkFk [kMs djds crk, ds ge rS;kj gS aA gekjs ekuuh; eq[;eU=h th us dg fn;k tks lqizhe dksVZ ds vkns’kks a dks Hkh pSys at dj ns vkSj tks yksx MaMs o lkSVs ds ne ijvkj{k.k ikuk pkgrs gS oks yksx detks j dgk ls gks ldrs gSaA oks fdrus ‘keZ dh ckr gS] fdruh fxjh gqbZ ckr gS mls dHkhikfdLrkuh dgh;s] ------------------------ mudks ekQh ekaxuh pkfg, vius bl C;ku ij vkSj ftl O;fDr us dgk mls gokykr esa Mkyuk pkfg,] ,s ls O;fDr dks

vkj0,l0 dEckst }kjk fn;k x;k Hkk‛k.k%&

vki yksxka s us cMk tqYe fd;k tkVks a ds lkFk vjs eq[;eU=h tkV] Mh0th0ih0 tkV] ,MoksdsV tujy TkkV] Mh0lh0],l0ih0 tkV vkSj rqe [ks rh dj jgs] vjs mudks [ks rks a es a yxkvksA vki cuks] lkjh rkdr vki yks] mudks ?kkl dkVus es ayxkvksA

5-

lkaln jktdekj lSuh fnukad 25-11-2015 dks lSu /ke’kkyk] lks uhir es fiNM+ k ox ds yksxks dks lEcks f/kr dju ds nkS jku

eap ls tkVks ds f[kykQ vi’kC n cksyr gq,

vkidk i{k fy;k Mk0 Hkhejko vEcsMdj us ikjfy;keSUV es a tkus fn;k bu lqvj ds cPpks us eryc brus lqvj ds cPps gS 'kq johjks a us ikjfy;keSUV es a gh ugh tkus fn;kA vkSj tc jke euksgj yksfg;k vk, bu lw vj ohj] 'kqjohjks a us jke euksgjyksfg;k dks ikjfy;keSUV dh ngyht ugh ns[kus nhA vkidk i{k fy;k oh0ih0 flag us bu lqjfojks a us tks gS uk mldks HkhnkSckjk ikjfy;eS aV ugha tkus fn;kA

gekjs gh dsUnz ds vUnj ea =kh ftl Hkk"kk ls vkidks /kedk x;s vkids blh ,fj;k es vk djds tks eq> ij QfCr;ka dl x, tks vkidks /kedk dj x, fd ge fjtoZs'ku dks ysdj jgsxsA HkkbZ dksVZ dpgjh ds tfj;s viuk izLrko is'k dj ysAysfdu D;k nknk fxfj ds tfj;s ysxkA lqizhe dksVZ ds vkns'kks a ds foifjr vki cksy jgs gks vkSj es js dks dg jgs gks fd

jktdqekj lSuh ekgkSy [kjkc dj jgk gSA vkSj ;s ckr ;gka fdruh 'keZukd gS] eS ml ij fVIi.kh ugh djuk pkgrk ds vxj

rqEgkjs ikl gfj;k.kk okyks ls le>k;k tk;s Bhd gS ugh ge ;w ih dh Hkk"kk es a le>k nsxs aA bldk eryc le>rs gks vki D;kgSA ftl ikVhZ ds lkFk vkt ge tqMs gS vxj oks gekjs gdks dks fgQktr ugh dj ldrh rks ge mldk lkFk dSls ns ldrs gSA

6- lkaln jktdqekj lSuh dk tkVk ds fojks/k es fnukd 07-01-2016 dks turk Vh0 oh0 ij izlkfjr C;ku

25 izfr’kr yksx 50 izfr’kr fjtosZ’ku ds vykok tujyh rkSj ij ukSdfj;ka ys pqds gS a vkSj vc oks vks ch lh vkSj ch lh dk dksVk bLreky djuk pkgrs ga SA ;s cgqr nq[kn gS fd ns'k ds vUnj flQZ viuks ds flok; fdlh vkS j ckr es a fo'oklugh j[krsaA vks ch lh fyLV es a ?kqlus ds fy, bUgksus tks 15 Qjojh dh dky ns j[kh gS mlds fojks/k es a geus viuh vks ch lhfcxz sM ds ek/;e ls lHkh ftyk eq[;ky;ksa] Cykd] lc fMohtu gSM DokVZ j lHkh txg viuh vks ch lh fcxz sM ds dk;ZdrkZvks a dks cksy fn;k gS fd tc Hkh dksbZ tcjnLrh fdlh izdkj dk can dk vkgoku tks bUgksus dj j[kk gS] vxj dksbZ fdlh ds 'kVjdks gkFk yxk, rks mldk eq ag rksM tokc nsuk gSA cSdoMZ Dykl ftudk dksbZ ,e ih] ,e ,y , fdlh Hkh izdkj dk lgk;ksx

ljdkjh rkSj ij fiNys ikap ikap eq[;ef=;ka s ds VkbZe es a ugh feyk mudks a LiksVZ djus ds fy, vkt ,d uku tkV ljdkjcuh gSA oks Hkh mudks Hkk ugh jgh gSA bldks ns[kdj mudks T;knk fryfeykgV gS] rks ge Li"V dj nsuk pkgrs gS fd Hkfo";es a oks vxj bl ckr ij mrjs jgs rks VkspZ ysdj


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bl ehfVax dk vkt ds bl iq jh lHkk dk tks fu"d"kZ fudysxk mldks vkxs fudydj dqN vey Hkh djsxs aA ge ckr djrs gS lc bDVBs gksus dh eq> ml 'kk;j dh pan ykbZu ;kn vkrh gSA D;ksfd ftl rjhds ls bUgksus ekgkSy cuk;k gS ds ^pkan lqjtflrkjs a lc rs js lkFk esa jgs tc ryd rs jk gkFk es js gkFk esa jgs vks j lk[k ls Vw V tk, oks iRrs ugh gS ge] vkf/k;ks a ls dgnksvkSdkr es a jgs* vkSj es S dguk pkgrk gw Wa tkVks a ls dh oks vkSdkr es a jgs tks mUgksus vjktdrk dk ekgkSy ;gka ij cuk;k gS mls vHkh Hkh laHkky ys 'kk;n ,d ekSdk ckdh ;s lHkh tus ns nsxs aA ysfdu blds ckn ;s ,s ls le; fudysxk rks oks ekSdk Hkh ughfeysxk bu lcdksA vkSj bl volj ij tc ge lc tus ogka ij jksgrd ‘kgj ds vyx&2 LFkku ls ;gka ij lEekfur yksx;gka ij bDVBs gq, gS a vkSj oks ‘kk;n blfy, bDVBk gq, gSaA

8- fZnukad 18-2-16 dks lj NksV jke pkSd] jks grd e chp lMd ij 100@150 yksxks }kjk 35 fcjknjh ftUnkckn dh rf[r;ka

ysdj ukjsckth o urkvks }kjk Hkk k.k

jkgqy tSu HkhM dks lEcksf/kr djr gq, %&

cSB tkvks lkfFk;ks cSB tkvks HkkbZA vc rqEgkjs bfErgku dh ?kMh vkbZ gS] cSB tkvksA lkfFk;ks a ge ‘kkafriw .kZ vius bldke dks vkxs c


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tc gfj;k.kk es a rksMQksM gqbZ rc 35 fcjknjh dgka Fkh \

lqjsUn ‘kekZ dk tokc

nsf[k, tks gfj;k.kk es a rksM QksM gqbZ gS bles a iqfyl iz'kklu dk iw jk gkFk gSA iqfyl us [kMs gksdj tke yxok;k vkSj;gka rd lquus es vk;k gS fd ,d Fkkusnkj us dgk fd es jh onhZ QkM yks vkSj esjk fjokYoj Nhu yks vki yksx bl 35 fcjknjhij geyk djksA

ehfM;k dk i’u

tkV ea=kh tks gaS tks vkj{k.k dk eSu ftEesokj jktdqekj lSuh dks eku jgh gS] D;ksfd mUgksus tkfr fga lk HkMdkbZ] Ms< lky o blls igys ls ,d fcjknjh dks xkfy;k nh gSaA


blls jktdqekj lSuh us dksbZ fgla k ugh QSykbZA jktdqekj lSuh us flQZ tkV fcjknjh dk inkZQk'k fd;k gS tks iw js gfj;k.kk ds vanj ncnck dk;e fd, gq, gSA lkjh ukSdfj;ksa ij bu yksxks dk dCtk gSA vkS j lkjs iz'kklu ij bu yksxks dkdCtk gSA vks j 35 fcjknjh dks bUgksus vius pj.kks esa >qdk fy;k gS flQZ jktdqekj lSuh us mudk inkZQk'k fd;k gSA mUgksusdHkh fdlh tkV fcjknjh dh csbTtrh ugh dhA Hkkjrh; turk ikVhZ us tks uksfVl fn;k gS jktdqekj lSuh dks vxj jktdqekj

lSuh ds lkFk dksbZ Hkh cqjk gqvk mUgs ikVhZ ls fudkyk x;k ;k mudks dksbZ Hkh nokc Mkyk x;k rks ;s 35 fcjknjh lgu ughdjsxh vksj ;s lkjh fcjknfj;ka muds lkFk gS a] gj rjg lsA

ehfM;k dk i’u

tc iw jk gfj;k.kk tyk jktdqekj lSuh tks gfj;k.kk dh ckr djrs gSa u gh lkeus vk, uk gh utj vk,] oks dgka gS \


jktdqekj lSuh th dks ckj&2 ge lqj{kk nsus dh ekax djrs jgs fd mUgs tsM Iyl Js.kh lqj{kk nsA tkV fcjknjh dsyksx mUgs Qksu dj djds mUgs /kefd;ka ns jgs] xkfy;ka fudky jgs gSA vki yksxks us Hkh ns[kk gksxk dqN vkfM;ks dfyi ok;jygqbZ gSA mlds ckotw n Hkh gfj;k.kk ljdkj us mUgs lqj{kk nsus ls lkQ bUdkj dj fn;k gSA vkSj mudks ;s dgk gS fd vkigfj;k.kk es a uk vk,A ge vkidh ftEes okj ugh ys ldrsA bl otg ls izdkj jktdqekj lSuh dgha ij vaMj xza kmM gSA vkSj

tYn gh lkeus vk,axsAehfM;k dk i’u

os Mj dj lkeus ugh vk jgs \


jktdqekj lSuh fdlh ls Mjus okys ughA mUgksus mudks jksdk gqvk gSA chtsih }kjk jksdk gqvk gS fd vki gfj;k.kk es a er tkb;sA tks iz ks0 fojsUnz flag dh lh Mh lkeus vkbZ gSA blls fcYdw y Li"V gks x;k fd lkjs vkanksyu ekj dkV vks j yw VikV ds ihNs Hkw isUnz gqMMk dk gkFk gSA D;ksfd fojsUnz flag rks flQZ mldk lykgdkj gSA vlyh dke djus okyk gqMMk gSAvkS j oks fga lk dk iwtkjh gqMMk egkRek xka/kh vfga lk ds iqtkjh dh lek/kh ij cSBrk gSA ;s cMh 'keZ dh ckr gS vkSj ;s /kks[kknsus dh ckr gSA nsf[k, oks gqMMk us dgk Fkk fd eS eq[;ea =kh ckn es gw tkV igys gw WaA ;s 'keZukd ckr mUgksus dgh gSA D;ksfd

tc dksbZ eq[;ea =kh curk gS rks oks 36 fcjknjh dk eq[;ea =kh gksrk gSA oks fdlh ,d tkfr dk eq[;ea =h ugh gks rkA

nwljk iz/kku fefM;k e C;ku nrs g,%&

ge lHkh 35 fcjknjh ds iz/kku bDVBs gq, gS a bles a xqtZj lekt ls gS] jktiw r lekt ls gS a] jksfgYyk lekt ls gS]ikapky lekt ls gS] tksxh lekt ls gS] iatkch lekt ls gS] czgke.k lekt ls gS a] okYehfd lekt ls gS] jfonkl lHkk ds invf/kdkjh gS a] dEckst lekt ls gS a bu lcus dle [kkbZ gS fd vkus okys ernku es a ge tkV izfrfuf/k dks dksbZ oksV ugh nsxs aA,s lk lcus dle [kk dj gkFk mBkdj ds leFkZu fd;k fd HkkbZ ge tkV dks oksV ugh nsxs aA geus izfrKk yh uk rks nsxs vkS juk nsus nsxsaA vkxkeh 35 fcjknjh ds iz/kku cSBdj ,d j.kuhfr rS;kj djsxs a fd vxj ljdkj us mudks eqvkotk fn;k 10 yk[k:Ik;s o ukSdjh nh rks ge mudk iwjtks j fojks/k djsxsaA dakxzs lh us rkvks dh fjdkfMZ ax lkeus vkbZ gS fd iz kS0 fojsUnz dh gekjk

jktuhfr ls yMkuk gekjk lkekftd rkSj ij viuh f cjknjh ge 35 yksx tks iz/ku gS ge lkekftd rkSj ij ,ftVs’ku djsxs a oSls rks ;s tks vkj{k.k gS ;s 'kCn gh ?kkrd gSA bls ges ew y :i ls [kRe dj nsuk pkfg,A ;s gekjh iw j tks j ekax gSA vxj bldks

ykxw djuk gS rks lHkh dks 35 fcjknjh dks vkfFkZd rkSj ij nsuk pkfg, D;ksfd bu lc fcjknfj;ks a ds lc detksj vkS j xjhc


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yksx gSA ge bldh iw j tks j odkyr djrs gSA vxj ,s lk bUgksus ljdkj us nsus dh dksf'k'k dh rks ge bldk iw jk tks j fojks/kdjsxsA 35 ds 35 fcjknjhA

4.3 The following are extracts from speeches demanding reservations for the Jatcommunity:

tkV vkj{k.k ds leFku e %&

1- lkaln n ;r pkSVkyk }kjk f}rh; fo’kky tkV egklHkk ¼2015&16½ e fn, x, Hkk‛k.k dk va’k %&

rhu ckrs lquh vkS j rhu phtsa ns[kh] eSa dgrk gwW bu rhu phtks a ls mij dksbZ pht ugh gSA vkSj vxj gks rks vki eq>s jksdnsukA bl nqfu;k eS&yksgk VkVk dk] VkVk ls etcw r yksgk fdlh dk ugh gS] gS ds] crk nks vkSj tw rk ckVk dk gS fd ugh] vkSjNks jk tkVk dkA rks ;s Nksjs tkV ds tks gSa buls mij dksbZ pht ughaA

2- fnukad 20-12-15 dks tkV vkj{k.k la dYi jSyh] vukt eMh xksgkuk] ftyk lksuhir es tkV us rk j.kthr lgjkor] oklhcokuk] fnYyh }kjk lkaln jktdqekj lSuh d f[kykQ vi’kCn cksyrs g, turk dk fn;k x;k Hkk k.k

crkvks ;s cscs x


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ij [kM+s tkV ds nks Nks js -------------- vxj nks Lrks a ge ij geyk gqvk vc ;s vkUnksyu rhljs Qs l es a igq ap pqdk gS dy eSus dgkFkk dh vkUnksyu nq ljs Qs l es a g Svc vkUnksyu rhljs Qs l es a gS eSa ;gka ls ,yku djrk gqW lj NksVqjke dh /kjrh ls ,ykudjrk gqW fd vxj ,d Hkh tkV ij geyk gqvk&2 ;s tks ikfdLrkuh fjQqth ;s tks [kêj] ;s tks fexykuh] ;s tks [k=h] ;s tksvjksM+k] ;s tks fla/kokuh ;gka vk;s gq, gS tks ikfdLrku ls ;gka vk;s gS vxj ,d Hkh tkV ij geyk gqvk rks ge bUgsa okfilikfdLrku igq apk ns axs aA ;s tks fdyk jksM gS fdyk jksM dks Qq ad dj j[k ns axs a vxj ,d Hkh tkV ij geyk gqvk rksA tkV,drk ftUnkcknA

5- tkV vkj{k.k vkanksyu ds ckn eukst ngu] ,Moks dsV] lanhi dydy ,M+oksdsV] vkfn ds C;kuks dks fn[kkrh ehfM;k dh ,d

fjiksV%&

eukst ngu&

lj ges a fjtjos’ku pkfg, nqljk ges a bl eqyd es a euq okn ls vktknh pkfg,A ;s Vª syj Fkk fQYe vHkh ckdh gSgfj;k.kk ds vUnj tkV cgqr fiNM+ pqdk gS xkWo cjckn gksus ds dkxkj ij gS yksx viuh tehuks a dks csp jgs gS ljdkjcontract fa rming ykuk pkg jgh gSA rks bl dkj.k ls xkWo ds vUnj cgqr cjcknh gks pqdh gS fdzfefy;j tks gS oks ,d‚kM+;U = jgk gS OBC ds f[kykQA fdzfefy;j dk eqnk ;s gS] fd tks vkneh vius cPps dks University es a i


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lcdk ,d Bsdsnkj cu x;kA geus rks rs js dks Bsdsnkj ugh cuk;k rw us dkSu lk bySD’ku yM+ k tkfr dk] rw us dkSu lh fcjknjhdk Bsdk fy;k] vkt ls igys rw dHkh fn[kkbZ ugh fn;k] gjke[kks jA

nksLrks ! ekQ djuk es jh ySXaost dks] ysfdu ;s gjke[kksj gS bls tw rs iMus pkfg,A ;s lekt ds lR;kuk’k dh ckr dj jgk gS tkVks ds uk’k dh ughaA tkVks a dk uk’k D;ks HkbZ ]tkV vkneh ugh tkV lekt es a ugha vxj mUgksus vius gd dh ckr djnh rks

os yksx xUns gks x, xyr gks x, gS a \ ;s tks >xMs gq, gSa u ;s vkxtuh vkUnksyu gq, gS vke yksxks dh nqdku yqV xbZA ;s jks’ku yky vk;Z rs js tSls vkneh tks fdlh tks fdlh Hkh tkfr ds gks ldrs gS vkS j tkfr ds fQj Hkh ugha gS ;s oks vkneh gS tks bl lekt dks cckZn djus ds fy, vMs gq, gS gjke[kks j dqÙks ! rs js dks ;s le> ugha vkbZ ;s ckr fd rq ftl pkSd ij [kMk

gksdj ;s ckr dj jgk gS ogka ij dksbZ tkV Hkh gksxk] dksbZ cz kgkE.k Hkh gksxk] dksbZ cfu;k Hkh gksxk] dksbZ nfyr Hkh gksxkA gjdksbZ rs js tSlk ugh gS] lekt ,sls ugh cuk rs js tSls vknfe;ksa ls] lekt gekjs cki] nknkvks] ijnknkvksa u s cuk;k gS tks fdlhHkh tkfr dk gks vkil es a HkkbZpkjk dk;e j[ks aA bl gfj;k.kk izns’k ds xkSjoe; tks bfrgkl gS uk mldks rsjs tSls pkj VVw cckZn ugh dj ika,xs a vkS j rw rS;kj jg rs js mij eqdnek eS d:axk iznhi ijk’kj uke gS es jk] tkfr ls cz kgkE.k gwa eS rs js mijeqdnek d:axk tks lekt es a }s"k QSykus dh ckr dj jgk gS rS;kjj jguk bl ckr ds fy, vkSj dksbZ NksM ns ;k uk NksM nsa es jk xSj jktuSfrd eqdnek gSA rs js dks 100 izfr’kr ltk uk fnyokbZ rks es jk uke cny fn;ks es jk uke iznhi ijk’kj gS vkS jtkfr ls eSa cz kgE.k gwa vkSj ea S 35 fcjknjh tks fcjknjh gS uk vxj ,s lh dksbZ fcjknjh gS 35] eSus a rks igyh ckj lquk gS 35fcjknjh dksbZ gksrh gS vxj ,slh dksbZ 35 fcjknjh gS tks ;s dgrh gS fd tkVks dk uk’k gks] rks HkkbZ lh/kh lh ckr gS dksbZ es js dks uk bl fcjknjh ls vyx g ksus dk rjhdk crk nks es js dks ,s lh fcjknjh esa ugh jguk tks ,d nq ljs ds lR;kuk’k dh dkeukdjrh gksA f/kDdkj gS ! ,slh fcjknjh ij] eS ,slh fcjknjh es a jgqaxk gh ugh vkSj fdlh Hkh ,s lh fcjknjh es a] pkgks oks dksbZ Hkh

fcjknjh dk vkneh gks tks fdlh ds ckjs e s a uk’k dh ckr djrk gS rks fcjknjh D;k gksxhA fcjknjh dk eryc le>rs gks rqeyksx \ mBdj vk x,] fcjknjh ! fcjknjh ! fcjknjh dk igys eryc le>ks vkSj rc ;s uk okD;k dgks vkdj fd bldk uk’kgks mldk uk’k gksA fcjknjh es a rks uk’k ’kCn gh ugh gS fcjknjh es a rks mRFkku ] fcjknjh es a rks fodkl gS] fcjknjh es a rks iz se vkSj

lkSgknZ gS lekt ds fy,A bldks fcjknjh cksyrs gSA fcjknjh dHkh uk’k dh] dHkh caVokjs dh ckr ugh djrh A tgka caVokjk vkx;k] ogka fcjknjh ugh jgrhA nks Lrks ! bl ckr dk /;ku j[kuk ,sls dqrs dehus vknfe;ks ds cgdkos es a er vkuk vkS j budks tqrs ekjks A /kU;oknA t; fgUnA t; HkkjrA

4.4 A simple reading of the above extracts clearly brings out that the atmosphere wasbeing vitiated, that leaders opposed to reservation for Jats and those in favour of suchreservation were both spreading poison. The Saini leaders, particularly their member of

parliament, systematically needled and provoked the Jat community. The Committee foundthe following aspects of anti-reservation speeches highly objectionable:

Mobilization of “OBC Brigade”. References to “35 Biradaris”. Call for social and economic bycott of Jats. Call for political bycott of Jats by not giving any votes to them. Prayer for the destruction of the Jats.

4.5 Similarly, the speeches of Jat leaders had also objectionable contents. TheCommittee found the following portions of pro-reservation speeches objectionable:

Derogatory language for Chief Minister, Haryana. Branding those who had migrated from Pakistan at the time of partition as “Pakistani”. The statement that what had happened was a “trailer” and that the “film” is yet to be

shown.

4.6 The Committee is of the view that such utterences over a period of time sharpenedthe division among the communities. There has been gradual polarization with Jats on oneside and the non-Jat communities on the other. This is extremely unfortunate. The contentsof the speeches were legally actionable but unfortunately the officers did not care to takeaction with the result thatthe feelings continued to get exacerbated.


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Chapter 5

Agitation over Reservations – A Panoramic View

5.1 The movement for reservations for the Jat community and their inclusion in the OBCcategory had begun as far back as 2007, when the Akhil Bhartiya Jat Mahasabha

organiseda series of meetings to mobilise public support for the demand. The movementgradually acquired traction. On 13 September, 2010, a call was given for state-wideagitation and a rally was organized in village Mayyad of district Hisar, seeking reservationfor the Jats. In the aftermath of this rally, there was a confrontation between the agitatorsand the local police in which one Sunil Sheoran was shot dead by the Superintendent ofPolice in self-defence. This led to large scale rioting in the course of which roads wereblocked and there was extensive damage to public property. The political leadership tookthe bizarre decision to suspend the then Superintendent of Police, Subhash Yadav, IPS,and register a criminal case under sections 302/34 IPC and 27 of Arms Act against him. Thegovernment may have, in the process, bought peace with the agitators, but the incident hada very demoralizing effect on the police. The moral of the story for the men in uniform was

that they should not use force even when it was absolutely unavoidable in a serious law andorder situation. The people of the state had to pay a very heavy price in 2016 for thismindset of the police, as we shall see later.

5.2 The Commonwealth Games were scheduled to be held in Delhi in October, 2010.The Jat leaders gave a call that they would show black flags to the Queen‟s Baton Relay procession when it passes through Haryana. There were a few minor incidents, but theBaton Relay was successfully navigated through the State under the protection of HaryanaPolice.

5.3 During March, 2011, there were incidents of road/railway track blockade in the

Narwana area of district Jind. It lasted 14 days and was lifted only after the Chief Ministergave an assurance that a Commission will be set up to look into the question of reservationfor the Jats. In April, 2011, the State Backward Classes Commission was constituted to interalia to look into the issue of inclusion of communities in the list of backward classes ofHaryana. The movement suffered a split during the year.The Akhil Bhartiya Jat AarakshanSangharsh Samiti got divided into two factions- one led by Yashpal Malik and the other ledby Hawa Singh Sangwan.

5.4 On 19 February, 2012, the Yashpal Malik group of Akhil Bhartiya Jat AarakshanSangharsh Samiti (ABJASS) organized a rally at village Mayyad and started dharna on therailway track in the area of village Ramayan, both in district Hisar.On 6 March, there was aconfrontation between the agitators and the police as a result of which one SandeepKadwasara died in police action. A criminal case under section 302/34 IPC and under the Arms Act was registered at PS Sadar Hansi, District Hisar. The agitators were however notpacified and they blocked the state and national highways in the districts of Hisar and Jind.The official car of the District and Sessions Judge, Jind was torched while the pistol andcartridges of his PSO were snatched. The agitation continued till 11 March, when anassurance was given by the State Government that reservation would be given to the Jatcommunity by 15 December, 2012, and that the arrested agitators shall be set free. Theagitation thereafter subsided.

5.5 The Government of Haryana issued a notification on 24 January, 2013, declaring thefollowing classes of people residing in the State as Special Backward Classes: Bishnoi, Jat,


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Jat Sikh, Ror and Tyagi. The notification also granted the benefit of reservation to these fivecommunities in government jobs as well as educational institutions. The Government ofIndia also, through another notification issued on 4 March, 2014, included the Jat communityin the Central List of Backward Classes in the states of Bihar, Gujarat, Haryana, HimachalPradesh, NCT of Delhi, Bharatpur and Dhaulpur districts of Rajasthan, Uttar Pradesh andUttarakhand. The very next day, the code of conduct for parliamentary elections of 2014came into force.

5.6 The inclusion of Jat community in the central list of Other Backward Classes by theGovernment of India was challenged in the Supreme Court in Ram Singh and others vs.Union of India. Significantly, the Court did not considered it necessary to stay the operationof the Government of India notification with the result that the Jat community in the ninestates including Haryana started getting the benefits of reservation in the OBC category. On17 March, 2015, the Supreme Court quashed the Central Government notification of 4March, 2014. The judgement caused great consternation among the Jat community. Jatleaders thereafter met the Prime Minister and President of the Bhartiya Janta Party on 26March, seeking restoration of reservation to the community. The Government of India filed areview petition, but the same was also dismissed by the Supreme Court on 20 July, 2015.The Jat youth were highly agitated. Candidates who had been selected for appointmentagainst the OBC category were not given the appointment orders. They were also deniedadmissions in the educational institutions against the OBC category. The High Court ofPunjab and Haryana also stayed, on 27 July, the reservation givens to Jats in SpecialBackward Classes in government jobs as well as educational institutions in the state. TheJats of Haryana thus lost the battle both at the Centre as well as in the Sate- in the Centreas OBCs and in the State as a Special Backward Class.

5.7 The Sarv Jat Khap Panchayat , an umbrella body of Khaps in the State, thereupongive a call to mobilise the youth and announced the creation of a Jat Yuva Sena in August2015. A call was given to celebrate Shahidi Diwas at Mayyad on 13 September, 2015. It was

also announced that the road and highways would be blocked on 28 September, 2015.5.8 Meanwhile, the election schedule for the Panchayat Raj instituions in the State wasnotified on 8 September, 2015. Elections were to be held in three phases on 4, 11 and 18October, 2015. The elections led to postponement of the agitation. The Haryana PanchayatiRaj Act, changing the eligibility criteria for contesting various posts, was judiciallychallenged.The Supreme Court stayed its operation whereupon the ordinance wasconverted into a Bill and the same was passed by the Vidhan Sabha. The Supreme Courtupheld the amendment and the Election Commission issued another schedule for election toPanchayat Raj institutions. Elections were now to be held on 10, 17 and 24 January, 2015and counting was slated for 28 January, 2016. The Jat organizations also rescheduled their

agitation to February 2016.

5.9 On 9 February, 2016, the Chief Minister, Haryana called a meeting of therepresentatives of khaps and various other Jat organizations in Chandigarh. A broadconsensus was evolved in this meeting, and it was decided to constitute a Committee underthe Chairmanship of Chief Secretary to identify all possible options by 31 March, 2016. TheHawa Singh Sangwan faction of the Akhil Bhartiya Jat Arakshan Sangharsh Samiti(ABJASS), however, organized a rally at village Mayyad, district Hisar. Thereafter, theagitators blocked the Hisar-Rewari railway trackbut vacated the samefollowing anassuranceby the State Government. The Hawa Singh Sangwan faction of the ABJASS alsoorganized a Jat Swabhimaan Rally on 14 February, 2016 in village Sampla of district

Rohtak. A group of 200/250 Jat youth under the leadership of Sudeep Kalkal, State YouthPresident of the Hawa Singh Sangwan faction of ABJASS, blocked the National Highway 10


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(Delhi- Hissar Road)at village Sampla and commenced dharna there. Between 15 Februaryand 17 February, 2016, there were blockades onroads and railway tracks at several placesin districts Rohtak, Sonepat, Jhajjar, Hissar, Jind, Bhiwani, Fatehabad and Panipat. In all, 4railway tracks and 120 roads (including 4 National Highways) were blocked by the agitators.The Yashpal Malik faction of ABJASS also extended support to the rapidly expandingagitation and advanced its own scheduled program of blocking railway track near villageMayyad to 17 February, 2016.

5.10 The State Government thereupon, at the request of Police Chief, requisitioned fivecompanies of Rapid Action Force. The Ministry of Home Affairs, Government of Indiaallotted three companies – one of the RAF and two of the BSF. The RAF was sent to districtSonepat and one company each of BSF was sent to Rohtak and Jhajjar. Besides, more than20 companies of Reserve Police were dispatched to Rohtak, Jhajjar and Sonepat. By 16February, 2016, nearly 10 companieswere stationed in district Sonepat, 8 in Rohtak and 7 inJhajjar.

5.11 On 17 February, 2016, the Chief Minister invited representatives of various khapsand leaders of pro-reservation organisations to Chandigarh to resolve the impasse. The

meeting concluded with an assurance that the state government would be expediting effortsto extend reservation to the Jat community. The leaders of the agitation, in turn, promised toget the blockades lifted. However, the leaders could not prevail upon the youth to lift theblockades, which continued. The situation continued to deteriorate.

5.12 Three incidents happening in quick succession precipitated matters. On 18 February,2016, there was the first incident of inter-community clash. About 25/30 advocates hadblocked the road in front of the Court Complex, Rohtakin support of Jat reservation, when aprocession of about 150/200 persons from other communities, under the leadership of oneBittu Sachdeva, Head of Kila Road Market Association, Rohtak reached the site, protestingagainst the ongoing Jat agitation. A heated confrontation led to stone pelting and throwing

of plastic chairs between the two groups. While the agitating Jat advocates were at thereceiving end, a group of about 200/250 students and advocates belonging to the Jatcommunity arrived at the location under the leadership of Sudeep Kalkal, Youth State Headof ABJASS (Hawa Singh Sangwan faction). In the ensuing melee, one motorcycle at ChotuRam Chowk and three motor cycles at Ashoka Chowk were set ablaze by the anti-reservation protestors. There was also a rumor that Sir Chotu Ram‟s statute had beendamaged. This was the second incident which added fuel to fire.Meanwhile in response tothe reported beating of advocates in the Court Complex, groups of Jat students blocked theroad traffic at Delhi bypass, MDU Gate No.2, main gate of Govt. College and Medical Mor,Rohtak. The local police resorted to use of force to get these blockades lifted. Thereafter,Sh. Amit Dahiya, DSP, Rohtak along with a posse of police force, entered the hostel

premises of Neki Ram Government College, Rohtak and allegedly beat up some students inthe hostel. It was an unwarranted action which inflamed the anger of the Jat agitators. Thiswas the third incident- the proverbial last straw - which led to explosion of Jat anger and theresultant violence.

5.13 The Government of Haryana, in view of the developing situation, requested theMinistry of Home Affairs for 15 additional companies of Central Armed Police Forces(CAPF). However, only 10 companies were allotted on the morning of 19February, 2016.

5.14 On 19 February, 2016, a mob of 1,500/1,600 youth belonging to the Jat communitygathered in front of Gate No. 2 of Maharishi Dayanand University, Rohtak.The mob

damaged the Agro Mall and took about 10/12 policemen, including a DSP rank officer,


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hostage inside the Mall building. Sh. Kulwinder Singh, IPS, DCP/West Gurgaon, who hadbeen deputed for duty at Rohtak, however managed to get the police personnel released.The mob thereafter ransacked and damaged the Circuit House, Rohtak. At around 1400hrs, there was a confrontation between the Police/BSF and the agitators.Some anti-socialelements are reported to have fired a gun, injuring a BSF jawan. The BSF personnelthereupon fired in self- defence, killing one person and injuring 18/19 others. This infuriatedthe mob, which then moved towards the residence of Captain AbhimanyuSingh, FinanceMinister, Government of Haryana and set his house and six vehicles parked inside the

compound on fire. Some agitators also indulged in looting and vandalism of shops at Delhibypass, Medical Mor and near the Circuit House.Incidents of violence/arson also took placenear Satyam Mall in Sector 3, Rohtak.

5.15 The next day, on 20 February, 2016, there was another round of violence/arson atthe residence of Capt. Abhimanyu in Sector 14, Rohtak and Indus School, Sindhu FarmHouse andoffice of Hari Bhoomi newspaper in village Kheri Sadh, all of which are owned bythe family members of Captain Abhimanyu, Finance Minister of Haryana. Significantly, noother premises near Captain Abhimanyu‟s house/property were damaged by the agitatingmob.

5.16 The State Government felt that the situation was getting out of hand. They thereforedecided to requisition the services of Army on the evening of 19February, 2016. However,as soon as the news regarding deployment of Indian Army became public through theelectronic media, the agitators dug up and damaged important routes including the NationalHighways in many villages so as to prevent the Army from reaching Rohtak City. The Armyhad then to be airlifted and dropped in Rohtak. Army columns became available on themorning of 20February, 2016, but they did not have their vehicles and logistical support.

5.17 The State Government decided to depute senior officers of the rank of PrincipalSecretary, ADGP/IGP to the affected districts “for the purpose of restoring peace and order”.

The senior IAS officers deputed to the districts were “empowered to concurrently exercise allthe powers available to District Magistrate under the relevant Acts for this purpose in thesedistricts”. The Government deputed Sh. Apoorva Kumar Singh, IAS and Sh. B.S. Sandhu,IPS to Rohtak. They reached Rohtak on 20 February, 2016 morning by helicopter.The Armystaged a flag march in Rohtak on the morning of 20 February, 2016 under the guidance ofthe two senior officers. Central Police forces and Haryana Police also participated in the flagmarch. However, despite the flag march, groups of miscreants continued to indulge in arson,loot and damage to public and private property. Business establishments owned by thenon-Jats (especially the Punjabi community) were particularly targeted from Medical Mor to Ashoka Mor in Rohtak City. Reputed schools, Malls, marriage places, hotels and automobilecompanies were also targeted during the mayhem. In a gruesome incident, a Brahmin

youth named Nitin was shot dead in Rohtak City. Meanwhile arson and violence also tookplace in Meham town, about 20 kilometres from Rohtak. Police Station building at Mehamwas attacked whenceprivate weapons kept for safe custody were looted.

5.18 In Jhajjar district, several groups of Jat protestors were sitting on dharna andblockading roads at different locations. As soon as the news of disturbances in Rohtakstarted filtering in, these groups also indulged in violence. They vandalized and set on firethree police posts at village Dighal, Beri and Dujana, and burnt the Community HealthCentre in village Dighal, the ashram of Sant Rampal in village Karontha, and the Toll Plaza,Karontha. Several buses parked at Beri Bus Stand were damaged. On 20 February, 2016,a mob of about 500/600 Jat agitators went round the city, raising aggressive slogans.They

pelted stones at the residence of Sh. Om Prakash Dhankhar, Agriculture Minister, looted awine shop near the PWD Rest House and vandalized the Rest House. SP Jhajjar, ADC


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Jhajjar, SDM Jhajjar, who were present at the spot, tried to disperse them but the mobindulged in heavy stone pelting at the security forces. The Army column then opened fire,resulting in the death of four agitators and injuries to seven others. The mob howeverregrouped and, as soon as the Army and police withdrew, vandalized and burnt eight shopsand government buildings.

5.19 On 21 February, 2016, there was counter mobilization by members of the non-Jatcommunities in Jhajjaras reaction to the arson and vandalism by the Jats. A mob of 300/325

agitators torched the Jat dharamshala in Jhajjar at about 1000 hrs. Bodies of three persons,two Jats and a Brahmin, who had been killed in Army firing the previous day, were kept inthe dharamshala. The agitating mob, while setting ablaze the dharamshala, managed totake away the dead body of the Brahmin, leaving behind the dead bodies of the two Jatagitators. Local police managed to disperse the mob and rescued the 15/18 members ofthe Jat community who were trapped inside a room of the dharamshala. As soon asrumours about arson and damage to the Jat dharmshala spread, a mob of about 2,000persons belonging to the Jat community assembled at the dharamshala at about 1300 hrsand started moving towards Chhawni Mohalla which has a significant population of Sainicommunity. The ensuing group clashes resulted in the death of one Krishan s/o Devi Sainiand one Krishan s/o Bakhtawar Saini, and injuries to 15/20 persons. Besides, a mob ofmore than 1,000 Jat agitators armed with sticks and other weapons entered Jhajjar Cityfrom Badli side and attacked the Mini Secretariat.

5.20 The Gohana town of district Sonepat also witnessed serious disturbances on 20February, 2016. At around 1100 hrs, a mob of 150/200 youth belonging to the Jatcommunity vandalized the bus stand and set fire to the Dhawan Petrol Pump. As a reactionto this, about 40/50 youth from Valmiki community led by one Deepak Lara attacked someshops and other premises owned by Jats, the residence of Sh. Jagbir Malik (MLA Gohana),and set ablaze a shop rented out by him. Sh. Jagbir Malik thereupon called about 100/200of his supporters from around Gohana, and they indulged in acts of violence in the

town.Once the mob had left, some miscreants belonging to the local Valmiki basti andKhatik basti also indulged in looting of shops in Gohana town. In all, about 55 shops werevandalized and set on fire or looted in Gohana town on 20 February, 2016.

5.21 Elsewhere in district Sonepat, the Delhi-Ambala railway track was blocked nearvillage Rajlu Garhi on 20 February, 2016. The Jat agitators (about 20,000) thereafterassembled on NH-1 near village Kamaspur and put up blockades at several locations.However, no incident of violence/arson took place on NH-1until the afternoon of 21February, 2016. The agitators had disrupted water supply to Delhi by blocking CLC canalnear village Garhi Bindroli in district Sonepat. The security forces comprising contingents ofpolice, CAPFs and the Army were moved towards the site of canal blockade on the

afternoon of 21 February in an effort to restore water supply to Delhi as per the directions ofthe Central government. On learning about the movement of security forces, the agitatorsindulged in acts of arson and sabotage on NH-1. Hotel Jurassic Park was completely guttedwhile Hotel Park Blue, IITM Murthal and BM College were vandalized. As the security forcesreached the canal regulator, they encountered opposition from about 1,600 agitators whosurrounded them from all sides. The forces, in order to disperse the mob, opened fire,killingone person and injuringtwo others. The incident of firing by the security forces fuelled arumour at dharna sites near village Kamaspur that a large number of Jat protestors hadbeen killed to restore water supply to Delhi. This provoked the agitators and some of themhatched a plan to attack the O.P. Jindal Global University and set its hostel on fire. Wards ofmany influential and rich persons including senior government officers study in this

University. The sinister plan was however foiled as two companies of RAF were stationed inthe University to protect it.


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5.22 In district Hisar, a small incident in village Jaggabara (tehsil Hansi) on 20 February,2016 sparked caste clashes. Around 25/30 Jat youth were headed towards the site ofdharna by ABJASS (Yahpal Malik group) at village Mayyad. En route, near villageJaggabara, their jeep was blocked by some sheep/goats, which led to exchange of hotwords. The shepherd belonging to the Saini community was beaten up by the Jatagitators.In retaliation, the residents of Jaggabara came out and overturned the jeep. Jatboys (about 400/500) from nearby villages of Data and Sisai then rushed in aid of their

brethren. They confrontedthe non-Jat villagers (about 250/300) present there. There wasfiring from both sides, leading to injuries to many persons. News about violence by the Jatyouths led to mobilization by members of Saini community in Hisar, who gathered near OldSabzi Mandi and headed towards the Jat dharamshala. The police however dispersedthem.

5.23 In Hansi City of District Hisar, about 450/500 Jat youth had blocked the roads inMayyad on 21 February, 2016. On learning about the incidents in village Jaggabara,theymoved towards Hansi,where there they ransacked several shops including the Reebokshowroom, MRF Tyre showroom, Tractor agency, etc. Local police used tear gas and

opened fire to drive away the unruly mob. The same day, some unknown miscreants setablaze a Bolero Jeep belonging to one Sanjay s/o Phool Singh Gujjar r/o Dhani Pal, whoalso suffered a firearm injury on his leg.

5.24 On 22 February, 2016, when the news of firearm injury to Sanjay r/o Dhani Palspread in the area, people hailing from Saini and Gujjar communities assembled at villageSainipura and started moving towards village Sisai. This resulted in counter-mobilization oftheJats from village Sisai, which started moving towards Sainipura. DC Hissar and SPHissar responded to the events and were able to disperse the two mobs facing each otherwith the assistance of police. However, after a while, some miscreants from the Gujjarcommunity set ablaze three houses belonging to members of the Jat community in a hamlet

of village Sisai. On hearing this, there was renewed mobilization and theJats hailing fromvillage Sisai started moving towards Sainipura while the Gujjars and Sainis also assembledin strength. A pitched battle ensued between the two groups with firearms being used. OneMintu Gujjarr/o Lalpura died in the exchange of fire while one Krishan Gujjar r/o Lalpurasuffered bullet injuries. The Jat mob from village Sisai also set ablaze 12 houses in a hamletof village Dhani Pal. A TVS motorcycle agency and Nandlal Auto Spare Parts shop werealso burnt down in Hansi.

5.25 In Jind, on 20 February, 2016, three railway stations, tehsil office and a police stationwere subjected to arson/damage by the Jat agitators in Uchana, Julana, Alewa andPillukhera. There were also instances of violence in Jind City, when theJat agitatorsdamaged the Saini dharamshala.Members of the Saini community, in retaliation, peltedstones at the Jat dharamshala. Meanwhile, a rumour spread in Safidon town that theJatagitators had indulged in arson and caused large scale damage to property. On 21February, 2016, a mob of about 1,500 members of non-Jat communities then assembled inSafidon town and adopted a threatening posture. Sh.Jasbir Deswal, MLA Safidon,requisitioned 60/70 of his Jat supporters to ensure his personal security. About 20/25members of the Jat community moved in a procession through Safidon town raisingslogans. However, they were beaten up by the larger non-Jat mob. The non-Jat mobsurrounded the house of MLA Sh. Jasbir Deswal and attacked the main gate. The policeparty deployed there opened fire at the crowd, resulting in the death of two agitators.


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5.26 In district Bhiwani, on 19 February, 2016, a rumour spread that members of the non-Jat communities had been thrashed by the Jats and that Jats did not allow a tent and otherstuff meant for the marriage of a Rajput girl to pass through Bond area. Members of theRajput community vent their anger by damaging the shops owned by Jats in Bhiwani City.Tosham town in the district witnessed violence on 21February, 2016, when about 100/150Jat agitators torched ten buses and one motor cycle show room.

5.27 In district Kaithal, violence occurred at Kalayat on 20 February, 2016, when members

of the non-Jat community attempted to open road blockade set up by theJat agitators. In theclash which took place, one Puran Rajput @ Mauji was killed. There were also incidents ofdamage to property such as the Padma City Mall, some shops, and the statue of Sir ChhotuRam on 21and 22 February, 2016.

5.28 While the agitation was going on, there were efforts at several levels to restore peacein the State. On 21 February, meeting of a group of Jat leaders was held with the UnionHome Minister in which Sh.Sanjiv Kumar Balyan, Union Minister of State was also present. An assurance was given to the Jat leaders by the Home Minister that a Committee underthe Chairmanship of Sh M Venkaiah Naidu, Union Minister, would be constituted to look intovarious issues related to reservation for Jats at the Central level and that reservation for Jatsat the State level in Haryana would be provided for during the forthcoming Budget Sessionof the Haryana Vidhan Sabha. This meeting was termed a success by the Jat leaders. Asthe news of assurances given by the Union Home Minister spread gradually throughelectronic and print media, the dharnas and road blockades at various locations weregradually lifted. The Yashpal Malik faction of the ABJASS also announced on 22 Februarythat government had accepted their demand and as such they were lifting all the dharnas. Anumber of agitators were however of the view that they could not withdraw as long as thedharna at Sampla, which had given them the inspiration to embark on agitation, continued.On 23 February, the prominent leaders from the dharna site at Sampla announced that astheir demands had been accepted by the government, dharna at the location was being

lifted, and they made an appeal that all the road and railway blockades be lifted. This provedto be the coup de grace of the movement. By the evening of 23 February, all thedharnas/blockades were lifted and the State started limping back to normalcy. The Jatleaders, it would seem,were also looking for a convenient excuse to call off the agitation -and they found this in the assurances given by representatives of the Central Government.


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Chapter 6

District-wise Assessments

A -Rohtak

6A.1 The administrative division of Rohtak consists of districts Rohtak, Jhajjar, Sonepat,Panipat and Karnal. Sh. Chander Prakash, IAS is posted as Commissioner of RohtakDivision with effect from 22 December, 2015 till date. Sh. D.K. Behera, IAS remained postedas Deputy Commissioner, Rohtak from 7 to 22 February, 2016 (called as „inquiry period‟hereinafter). Sh. Amit Khatri, IAS was functioning as ADC Rohtak during the inquiry period.Sh. A.K. Singh, IAS (HY:91), Principal Secretary to Government of Haryana (Personnel,Training, Vigilance and Parliamentary Affairs) was ordered to function as special officer forRohtak, Jhajjar and Sonepat districts “for the purpose of restoring peace and order in these

districts” and was empowered to concurrently exercise all the powers available to a DistrictMagistrate under the relevant Acts for the purpose in these districts, vide HaryanaGovernment order No. 1/22/2016-ISII dated 19 February, 2016. Sh. B.S. Sandhu, IPS,DGP-cum-MD Police Housing Corporation was deputed to assist him. Both these officers joined their duties at Rohtak at 0800 hrs on 20 February, 2016.

6A.2 District Rohtak is divided into two revenue sub divisions: Rohtak and Mehamsubdivisions. Sh. Dalbir Singh was SDM Rohtak and Ms. Veena Hooda SDM Meham duringthe inquiry period.

6A.3 Rohtak Police Range consists of Rohtak, Jhajjar, Sonepat and Panipat districts. It

was the worst affected range during the anti-reservation riots in the second and third weeksof February, 2016 (called „riots‟ hereinafter). Rohtak district was the epicentre of agitation.The damage to public and private property was maximum in the district. Whateverhappened in Rohtak had its repercussions in the neighboring districts also. Why and howRohtak became the epicentre of disturbances was beyond the scope of our inquiry. Suffice itto say, that there are various theories about it, including one which talks of politicalconspiracy to destabilise the government. The State Government has since, vide itsnotification no. 3/2/2016-1HC dated 8 April, 2006 appointed a Commission of Inquiry toexamine inter alia the “existence of a deep rooted conspiracy, if any, behind the occurrenceof violence to damage the social fabric of the society.” The Commission, headed by JusticeS. N. Jha, should be able to throw light on this aspect in due course.

6A.4 The area of district Rohtak is divided into 12 police stations, including one womanpolice station. Sh. Shashank Anand, IPS was posted as District Superintendent of Police,Rohtak with effect from 24 November, 2014. He was, however, allowed to attend Mid-Career Training Program at the National Police Academy, Hyderabad, and therefore left thedistrict on 7 February, 2016. Sh. Sourabh Singh, IPS, DIG, Joint CP Gurgaon was asked totake charge as SP Roht

Prakash Singh Committee Report on Jat reservation protest - Abhishek Kadyan

Documents

Transcript of Prakash Singh Committee Report on Jat reservation protest - Abhishek Kadyan