Farmer Leader Dallewal's Life More Important Than Agitation: Supreme Court Asks Panel To Convince Farmers To Temporarily Suspend Protest, Clear Highways
The Supreme Court today, while hearing a petition regarding the ongoing farmers' protest, voiced concern over the deteriorating health of farmer leader Jagjit Singh Dallewal, who is on a fast-unto-death, stating that his life is "more precious" than any agitation.
A two-Judge Bench comprising Justice Surya Kant and Justice Ujjal Bhuyan stated, "The Director General of Police, Punjab and his officers along with the representatives of the Union of India, if it helps to defuse the crisis, may immediately meet the farmer leaders who are sitting at the dharma so as to convince them that the first priority must be to provide adequate medical aid to Mr. Dallewal."
The Court also directed the 'high-powered' committee appointed by it 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.
"Our very strong recommendation is that don't use any force (against the protesting farmers). It is a peaceful agitation."Justice Kant said, a remark which Punjab Advocate General Gurminder Singh appreciated. "Let the law take its own course," Solicitor General of India Tushar Mehta said.
The Cout was informed today of news reports on Dallewal's deteriorating health status, on which Justice Kant told the Punjab AG, "Let him continue... Don't force him to eat anything. He must be provided medical aid without forcing him to end his fast."
The Bench urged the Punjab AG to hold a "direct dialogue" with Dallewal to convince him to end his fast-unto-death. Justice Kant added, "Even the other farm leaders who are sitting with him, they will also realise that the life of Mr. Dallewal is more precious than any anything else."
Justice Kant said, "Agitations will continue in future also. (They may) stop and again continue. But he is providing them statesmanship and leadership." SGI Mehta said, "We are collectively responsible for his health."
On December 2, the Court had disposed of a habeas corpus petition filed seeking release of farm leader and Sanyukta Kisan Morcha (Non-political) chief Jagjit Singh Dallewal on being informed that he was no longer in the allegedly illegal custody. The petition was filed on November 29 through the farm leader's 'next friend' after Dallewal was "incommunicado and untraceable" for four days and submitted that detention set a "tyrannical precedent".
While disposing of the petition, the Court urged the farmers protesting on the borders of Punjab not to obstruct highways and cause inconvenience to the general public. The Bench remarked, "In a democratic setup, you can engage in peaceful protests but do not cause inconvenience to people.
The Court had appointed a 'high-powered' committee on September 2 to mediate the farmers and the State. Today, SGI Mehta informed the Court that the progress of the Court-appointed committee headed by former Punjab And Haryana High Court Justice Nawab Singh is "slightly slower than we anticipated". Justice Kant, placing faith in the committee, said, "They are doing a very good job (though) they may be taking some time."
The blockage of highways by farmers, Justice Surya Kant said, "is for a reason" and it had appointed a committee precisely to identify the reasons for blockage, adding that "the cause may be correct or incorrect." To this, Mehta, attempting to paraphrase, said, "Your lordships were on cause. Not the effect."
The Court clarified that it was not inclined to take over the day-to-day monitoring of the issue. "We want to enable the stakeholders to take appropriate decisions. It is not that a report will come (by the committee) and then we'll assume the role of expert or supreme body and start issuing directions." Pertinently, Justice Kant clarified, "We don't want to issue directions that are impossible to implement." The "primary task" before the Committee should be to convince the farmers to suspend their agitation or at least clear the highway, the Bench remarked orally.
On December 9, the Court dismissed a petition seeking the clearance of blockages faced by commuters on the highways of Punjab on account of the ongoing farmers' protest noting that it was already seized of the matter in a different case. In its Order, the Bench 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 Court will take up the present matter on next Tuesday, December 17, to examine the progress, "but make sure that you do something," the Bench said.
Cause Title: State of Haryana And Anr. v. Uday Pratap Singh And Ors. [SLP(C) 6950-6953/2024]
