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Farmers Protest: Use of force should be last resort, says Punjab and Haryana High Court

The Punjab and Haryana High Court on Tuesday issued notice to the Centre and the states of Punjab, Haryana and Delhi on petitions related to the ongoing farmers protest march to the national capital. 

During the hearing, the court stressed that any resolution to the ongoing situation should prioritize amicable solutions, with the use of force being considered only as a last resort. The court was hearing petitions challenging Haryana government’s decision to seal borders, thereby preventing protestors from entering the national capital and another highlighting the impact of the protests on the public owing to blocked national highways. 

The bench of Chief Justice GS Sandhawalia and Justice Lapita Banerji acknowledged the fundamental right to expression held by the protestors. Nonetheless, they also recognized the state government’s responsibility to protect its citizens and prevent disruptions to daily life. 

The Punjab and Haryana High Court further urged all parties involved in the dispute to engage in dialogue and identify designated areas for peaceful protest. The bench observed that there has to be balance in fundamental right to speech and expression.

It added that the cautionary should be kept in mind and the issue should be resolved amicably. The bench also mentioned that all parties in the present dispute should make efforts to sit down and solve the problem and the area should be identified by states to protest. 

Uday Pratap Singh, a resident of Panchkula and an advocate at the High Court, in one of the petitions, submitted that the issue pertains to the unlawful sealing of the border between Haryana and Punjab, particularly at Shambhu near Ambala.

The plea highlighted that the farmers’ proposed Delhi Chalo march on February 13, organized by numerous farmers’ unions to press for the enactment of a law to guarantee MSP for crops, is a manifestation of their democratic right to protest peacefully.

The petitioner also expressed concerns over the actions taken by the Haryana authorities, including the suspension of mobile internet services and bulk SMS in several districts such as Ambala, Kurukshetra, Kaithal, Jind, Hisar, Fatehabad and Sirsa. The plea stated that these measures exacerbate the situation by depriving citizens of their right to information and communication. 

The farmers are marching to Delhi to protest for multiple demands including enactment of a law to guarantee a minimum support price (MSP) for crops. 

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