New Delhi: The withdrawal of First Information Reports (FIRs) filed during the 2020–2022 antifarm law protests has been a complex and highly contested legal process as blanket amnesty was never granted. While both the Delhi and Haryana governments committed to dropping the charges as a condition for the farmers calling off their year-long agitation, some of the cases continued.
In Delhi, Lieutenant Governor of Delhi Anil Baijal had on February 28, 2022, approved the withdrawal of 17 cases registered during the anti-farm law stir, including one involving the Republic Day 2025 violence. However the remaining 37 cases were not withdrawn due to the severity of the charges.
Here the Delhi Police had written to the LG that, “After thorough examination of these cases, which are at various stages of investigation/trial, it is found that out of the 54 cases registered, 17 cases may be considered for withdrawal of prosecution against the accused persons after due approval of the government as per the law.”
One of these pertained to 200 to 300 protesters and 25 tractors reaching the Red Fort and entering its premises through the Lahori Gate on January 26, 2021. These farmer protesters were accused of causing damage to ticket counters, doorframe metal detectors and baggage scanners. Later, some protesters had also climbed a dome at Red Fort and had taken off the Tricolour and posted a religious flag from its finial.
These files were withheld or delayed by legal scrutiny because they involved serious criminal charges including unlawful assembly paired with attempted murder (Section 307 IPC) and assault on public servants.
Some of the other charges pertained to violent face-offs with the police, such as the clash at the ITO intersection; causing extreme damage to public and historic properties (including baggage scanners, ticket counters, and door-frame metal detectors inside the Red Fort).
In the case of Haryana, where over 278 FIRs were registered and nearly 48,000 farmers were named or accused, the state government moved in phases to drop cases. Charges like simple traffic violations, violations of Section 144, public nuisance, and minor property blockades (such as breaking plastic water barriers) were cleared quickly through State Cabinet directives.
On the other hand, many cases with serious charges still linger on and thousands of farmers are still dealing with legal proceedings due to administrative and judicial processes.
In the cases, in which investigations had been completed and formal charge sheet (challan) filed with local magistrates, the state government was not empowered to simply wipe the records clean. The accused farmers had to still physically appear in court to secure a formal judicial discharge, a process slowed by court backlogs.
In July 2025, on a plea filed by farmers who were seeking withdrawal of three cases, the Punjab and Haryana High Court asked the Centre along with the Director-General of Police (DGP) of Chandigarh to forward necessary no-objection communication to the Ministry of Home Affairs for the withdrawal of FIRs registered against them during the farmers’ protest.
The petitioners had stated that, “In response to the nationwide farmers’ agitation against the three farm laws enacted in 2020, which were subsequently repealed via the Farmers Law Repeal Act, 2021, the Union Government had agreed not only to repeal the laws but also to withdraw all criminal cases/FIRs registered against protesting farmers. Pursuant to this, a directive dated December 9, 2021, was issued by the Government of India, delegating powers to respective State Governments to withdraw such FIRs.”
However, they had added that while Haryana and Uttar Pradesh had initiated the withdrawal process, in their case “despite repeated follow-ups, and a delay of over two-and-a-half years, the authorities have failed to act, compelling the petitioners to seek relief through this Court.”
