Our Doors Are Always Open: Supreme Court After Farmers Say Won't Interact With Court Appointed Committee

The Supreme Court was informed today that farmers are not inclined to interact with a Court-appointed 'high-powered' committee, to which it assured them that the Court's doors are always open. On the situation surrounding the health of farm leader Jagjit Singh Dallewal, who is currently on a fast-unto-death in protest, the Bench cautioned that it was the State's duty to protect him, and if anything "untoward" happened, the "entire state machinery" will be blamed, but ultimately left it to state authorities to take necessary steps.

The Court while hearing a petition regarding the ongoing farmers' protest, during the course of which it had appointed had appointed a 'high-powered' committee headed by a retired High Court Judge to mediate the between the State and the farmers, who have been protesting at the border between Punjab and Haryana since February this year.

In the last hearing on December 13, a two-Judge Bench comprising Justice Surya Kant and Justice Ujjal Bhuyan had directed the committee to engage with the farmers protesting on the borders of Punjab to convince them to at least temporarily suspend their agitation or relocate from the highways while the issues raised by them are being deliberated.

Today, based on Punjab Advocate General Gurminder Singh's submissions, the same Bench ordered, "The learned Advocate General submits that the farmers have declined to interact with the 'high-powered' committee constituted by this Court. He suggests that the farmers be permitted to directly to this Court. We clarify that the Court's doors are always open. Any suggestion/demand charter by the farmers or through their representatives can be brought on record and it will be given due consideration along with discussion with all stakeholders."

On Dallewal, who has been on a fast for the past 20 days, the Punjab Advocate General informed the Bench that a "detailed discussion" was held with him, "but he is refusing medical tests, (though) his vitals are fine." and that doctors have recommended that he be admitted to a hospital. "We told him the Court's sentiments. He said 700 lives of farmers are more important to him than his own," possibly referring to the unverified figure of around 700 deaths during the 2020-21 farmers' protests.

To this, Justice Kant said, “There can be a difference of opinion with the State, but he needs to be healthy to agitate. As an elected government and a constitutional organ, you cannot let anything happen to him. It is your duty to protect him.”

Raising the possibility of Dallewal's demise to his unrelenting fast, Justice Kant cautioned, “The entire state machinery will be blamed if something untoward happens. Consider the grave repercussions. Do not feel any pressure and do what’s required. Extraordinary conditions require extraordinary steps.”

In the hearing last week, the Bench had asked the Director General of Police, Punjab and the representatives of the Union of India, "if it helps to defuse the crisis" to meet the farmer leaders who are sitting at the dharma to convince them that the first priority must be to provide adequate medical aid to Dallewal.

The Bench had sternly told the state government not to force Dallewal to break his fast, instead asking the government to convince Dallewal to end his fast-unto-death, reasoning that his life is "more precious" than any agitation. On the overall protests, the Bench had said, "Our very strong recommendation is that don't use any force (against the protesting farmers). It is a peaceful agitation."

In its Order today, the Bench said, "As regard to medical aid to Mr. Jagjit Singh Dallewal, learned AG submits that as per the doctors, he is required to be hospitalised. We leave it to state authorities to take necessary steps and ensure that the medical aid, as per the doctor's advice, be provided without any delay."

Cause Title: State of Haryana And Anr. v. Uday Pratap Singh And Ors. [SLP(C) 6950-6953/2024]