The Supreme Court today dismissed a petition seeking the clearance of blockages faced by commuters on the highways of Punjab on account of the ongoing farmers' protest.

The Court was hearing a Public Interest Litigation petition seeking a writ of mandamus to the state governments of Punjab, Haryana and the Union Government to "remove restrictions on farmers’ protest, with a further direction to ensure that all National Highways and railway tracks are not blocked by the agitating farmers and that the States and the Union should ensure smooth passage for general public."

While dismissing the petition, a two-Judge Bench of Justice Surya Kant and Justice Manmohan said, "Having heard learned counsel for the Petitioner at a considerable length, and keeping in view the fact that there is already more than one PIL entertained by this Court on the same subject, we are not inclined to entertain fresh petitions addressing the same issue. The writ petition is accordingly dismissed. Liberty to the counsel to assist the court, if so advised, on the date fixed."

At the outset of the hearing, Justice Kant noted that the Court is already seized of a similar petition and "we have taken some initiatives". Advocate Amit Kumar Chawla, appearing for the Petitioner Gaurav Luthra who claims to be a social activist, replied that the Court had only taken steps to deal with the grievances of farmers, but not the plight of the commuters.

Disinclined to entertain the petition, Justice Kant said, "Don't file repeated petitions. If there is a matter already pending on a larger public issue, then there is no question of repeated petitions in this Court. The impression that goes (with such PILs) is that it is for publicity purposes, that somebody is playing to the gallery."

Amit Chawala urged the Bench to tag his client's petition with that of the pending petition, but the Bench declined the tagging, while giving him the liberty to assist the Court while the original petition is heard.

The Petition notes that blocking of national highways is a violation of Section 8(B) of the National Highway Act 1956, Section 126(2) Bharatiya Nayaya Sahinta 2023, Section 66 of Motor Vehicle Act 1988 and Section 37 of the Control of National Highway (Land and Traffic) Act, 2002.

"The officials of NHAI are duty bound to clear the National & State Highways in the entire state of Punjab and register the FIR against the persons who are blocking the National & State Highways in the entire state of Punjab under above mentioned section and clear the National & State Highways in the entire state of Punjab immediately." the Petitioner submitted, additionally alleging that blocking of highways violates the fundamental right to free movement under Article 19 of the Constitution.

The petition claims, "alleged farmers and their farmer unions" have blocked the national highway at the entry point of Punjab, Shambu, for more than one year and on October 24, 2024, blocked the national and state highways in the entire Punjab at various locations. It claims that since October 25, farmers have started blocking the all highways in Punjab from 10:00 a.m. to 03:00 p.m.

The Petitioner argues that blocking of highways is a threat to national security, noting that the armed forces moving North pass through Punjab, compelling them to take alternative routes through narrow village roads. It claims that the people of Punjab and neighbouring states are facing great difficulties as they are unable to reach hospitals on time and the supply of essential goods such as petrol, milk and vegetables is being stopped.

Cause Title: Gaurav Luthra v. Union of India [W.P.(C) No. 802/2024 PIL-W]

Justice Surya KantJustice Manmohan

Tushar Kohli