The Supreme Court on Monday directed the officials of the Punjab and Haryana governments to lay down the modalities for partial opening of the Shambhu border between Punjab and Haryana for smooth commuting of ambulances, senior citizens, women, students, essential services and anyone belonging to the nearby area.
The border had been sealed by the Haryana government to prevent Punjab farmers from marching to Delhi to press their demands.
The Bench of Justice Surya Kant and Justice Ujjal Bhuyan recommended the Director Generals of Police of Punjab & Haryana, the Senior Superintendents of Police of Patiala & Ambala, along with the Deputy Commissioners of both districts, to hold a meeting within one week on partial opening of the Highway.
The Apex Court further said that if both the sides were able to resolve such modalities, they need not wait for an order of this court and pass the resolution on their own.
It then listed the matter for further hearing on August 22.
The Bench passed the order on a petition filed by the Haryana government against the recent direction of the Punjab and Haryana High Court to open the Shambhu border, which connected Punjab and Haryana.
During its previous hearings, the Apex Court had observed that the protesting farmers had a right to voice their grievances. The authorities, including the Central and Punjab governments, must bring in neutral persons for a resolution of their demands, it added.
The top court of the country had asked the two States to maintain status quo at the border as well as submit proposals for a phased removal of barricades there.
It also turned down another plea made by the State of Haryana seeking to stay the Punjab and Haryana High Court order, which directed the formation of a committee to probe the death of farmer Shubhkaran Singh from Bathinda in Punjab, who was killed in January in clashes between security personnel and the farmers at the Khanauri border.
Appearing for the Haryana government, Solicitor General Tushar Mehta said that the committee has been asked to examine whether the force used by the police was proportionate.
Taking objection to this direction, the SG said that a judicial commission could never ascertain this fact. He added that this direction could demoralise the police force.
However, the Bench said that the probe could potentially strengthen the force, rather than demoralising it.
Additional Advocate General (AAG) Lokesh Sinhal and SG Mehta insisted on a stay on the judicial probe. However, the Apex Court refused to interfere, underscoring that the committee at the best can make recommendations.
SG Mehta and Punjab Advocate General Gurminder Singh today submitted names of committee members to talk to the protesting farmers for solution to their demands, which were appreciated by the Court.
After examining the composition of the committee members, the Bench commended both the States, stating that the names recommended were completely apolitical and for the genuine causes of farmers & agriculturalists.
The Apex Court today said that it would pass a detailed order regarding the composition of the committee and its mandate on the next date of hearing.
It observed that the committee’s finding was ultimately an opinion and it would be for the High Court to decide whether to accept or not.
Punjab Advocate General Singh sought directions to relax the blockade for the passage of vehicles going for essential purposes and daily commutes.
The Apex Court suggested Punjab to first persuade the protesters to remove the tractors and trolleys from the site, observing that the Highways were not parking space for tractors and trolleys.
It directed the Punjab government to tell the agitators that tanks and JCBs would not be allowed. The SG was directed to allow ambulances and vehicles for girls.
The Bench further told the Haryana government to explore the possibility of keeping at least one lane available for the passage of vehicles carrying senior citizens, females, people going for medical treatment etc.