The Supreme Court on Monday adjourned to January 10, the hearing on a contempt petition filed against the Punjab government over non-hospitalisation of farmers’ leader Jagjit Singh Dallewal, whose health was continuously deteriorating due to his hunger strike.
The order was passed by the Bench of Justice Surya Kant and Justice NK Singh after the State of Punjab apprised the Court that the protesting farmers were ready to meet Justice (Retired) Nawab Singh, the Chairperson of the High-Powered Committee constituted to negotiate with the agitators.
Appearing for the State of Punjab, Senior Advocate Kapil Sibal apprised the Court that the meeting would take place at 3 pm today.
Stating that the state government was hopeful for a breakthrough in the meeting, Sibal requested the Bench to adjourn the matter.
The top court of the country then listed the matter for hearing on Friday.
The Samyukta Kisan Morcha, a farmers organisation, which has been at the forefront of the protests, had earlier refused to meet the panel constituted by the Supreme Court in September last year.
On January 2, the Apex Court had reprimanded the State of Punjab for not taking adequate steps for the hospitalisation of farmer leader Jagjit Singh Dallewal, who has been on a fast-unto-death since November 26, seeking among other demands, a statutory guarantee of minimum support price (MSP) for crops.
The Bench of Justice Surya Kant and Justice Ujjal Bhuyan further pulled up the Punjab government and the media for misinterpreting the Court orders, leading to the wrong impression that the Apex Court wanted Dallewal to break the fast in the hospital.
Stating that it never issued any orders directing to break Dallewal’s fast, the top court of the country clarified that it was only concerned with the health of the farmer leader.
Noting that shifting to the hospital did not mean he needed to end his hunger strike, the Bench said there were adequate medical facilities to ensure that Dallewal continued his peaceful protest in hospital, with no harm caused to his life.
Dallewal’s life was precious since he was only taking care of the farmers’ cause and not aligned to any political ideologies, it added.
When Punjab Advocate General Gurminder Singh apprised the Court that the negotiators have been trying to persuade Dallewal to take medical aid, the Bench remarked that the attitude of the Punjab government seemed to be against reconciliation. Not a single officer of the Punjab government had gone to meet the farmer leader. Only Ministers visited the site, it pointed out.
When the Court asked whether the protesting farmers knew a committee has been constituted for this purpose, the AG answered in the affirmative, stating that the Committee has called the farmers for talks on January 3.
It then warned the State that if it failed to comply with the Court orders, then the Union government would take some action.
The top court of the country had earlier asked the Punjab Chief Secretary and State DGP of Punjab to virtually attend today’s proceedings. Hope the Punjab government officers have got the message, said the Bench, while listing the matter for further hearing on January 6.
The AG submitted that Dallewal had said he would take medical aid only if the Centre was ready for talks.
The Bench also rebuked certain farmer leaders for making ‘irresponsible’ statements, stating that their intentions behind issuing such remarks should be looked into.
The Bench today also heard a fresh petition filed by Dallewal through his next friend raising broader issues relating to the farmers protests. It directed that a copy of Dallewal’s petition be served to the Union Government.
The Bench passed the order on an SLP filed by the State of Haryana against the Punjab and Haryana High Court order, directing the unblocking of the Shambhu Border between the States of Punjab and Haryana.
The border was closed in February this year due to the farmers’ protests.
The Apex Court had constituted a High-Powered Committee in September last year to negotiate with the farmers protesting at the Shambhu border between the States of Punjab and Haryana.
On December 31, the Punjab AG had apprised the Apex Court that Dallewal may agree to get medical aid, if the Union of India agreed to have a dialogue with the agitating farmers.
Punjab Advocate General (AG) Gurminder Singh apprised the Vacation Bench of Justice Surya Kant and Justice Sudhanshu Dhulia today that if some more time was afforded, the impasse may end.
He said some intervenors had gone to meet the farmers, trying to persuade them. Two things happened on Monday. First, Punjab bandh was declared, which resulted in blockages all over the state. Second, if the Central government agreed to have a dialogue with the farmers, Dallewal would accept the medical aid, he added.
The Bench noted that an application had also been filed seeking some time before the case was heard further.
The Apex Court observed that it was inclined to grant the time, so that a resolution could be brought in, acceptable to all parties.
Appearing for the Centre, Solicitor General Tushar Mehta chose not to oppose the adjournment, stating that he had no instructions on this aspect. He suggested that the matter be listed on January 2 or 3.
The Vacation Bench then granted time of three days and listed the matter for further hearing on January 2.
On December 28, the top court of the country had directed the State of Punjab to shift farmer leader Dallewal to a hospital by December 31, on account of his deteriorating health condition.
Dallewal has been sitting on a fast-unto-death since November 26 at the Khanauri border, seeking, among other demands, a statutory guarantee of Minimum Support Price for crops. His health has been continuously deteriorating on account of the fast as well as age-related ailments. He is also a cancer patient.
On December 27, the Court had issued notice on a contempt petition filed against the Punjab Chief Secretary and the Punjab Director General of Police for non-compliance with the Court’s order dated December 20 to provide immediate medical aid to Dallewal.
It further directed the Punjab Chief Secretary and the State’s Director General of Police, to file a compliance affidavit regarding hospitalisation of Dallewal.
The affidavits filed on December 28 stated that if the evacuation of Dallewal was not peaceful, considering that the farmers were resisting his shifting, there would be “collateral damage” in terms of the loss of lives and property.
Reading the affidavits, Punjab Advocate General Gurminder Singh said that Dallewal has refused any medical intervention as it would undermine the movement’s cause.
He said the areas where the agitation was going on, were under siege by the agitating farmers. The protestors had welded the tracker trolley together, forming a strong encirclement of the area where Dallewal was observing his fast. All efforts to persuade Dallewal have remained unsuccessful, Singh added.
As per the affidavits, on November 25-26, Dallewal was evacuated from the protest site and taken to Dayanand Medical College for three days. This alerted the farmers that there could be a similar evacuation in future. There have been calls to the youth to join the protest side. The number of farmers has now reached up to 3000.
The Vacation Bench orally observed that the affidavits rather showed that the State was supporting Dallewal’s cause to remain on a hunger strike.
The top court of the country came down heavily on the State for allowing the manpower of such magnitude to reach the site this periodically and systematically.
A peaceful agitation by farmers for the purpose of raising their demands and voice in a democratic manner was understandable, but preventing a person from shifting to the hospital, who required immediate medical aid, was something completely unheard of, noted the Vacation Bench, adding that such people were not his well-wishers.
Terming it an abetment to suicide, the Apex Court said that by not letting Dallewal admitted to a hospital, they were depriving the leadership of a very precious farmer leader, who was acting completely non-political and appeared to be the undisputed leader of farmers’ cause.
If they wanted him to die at the site, their intention was questionable. A message should be conveyed to the farmers that the Supreme Court was not impressed to see the violent face of their so-called agitation, it added.
The Vacation Bench further said the Punjab government first created a problem and then when the situation went out of control, it filed a plea in the Court.
The protesting farmers had gathered on Khanduri border following the Punjab and Haryana High Court order, which directed the Punjab government to unblock the Shambhu border between Punjab and Haryana. The border was closed in February this year due to the farmers’ protests.
When Singh said the Punjab government was helpless and saddled, the Apex Court asked whether it should record this in it’s order that a state machinery was expressing helplessness in such a situation. It further asked Singh whether he knew the consequences of a constitutionally-elected government making such a statement.
Both the Punjab DGP and the State Chief Secretary, who were present in the Court, said the State needed to consider factors such as the resistance of farmer leaders while attempting to shift Dallewal to the hospital.
Noting that resistance to a lawful action should be dealt with by law-enforcement agencies, the top court of the country directed the Punjab government to ensure that Dallewal was not presurrised to break his fast in the hospital.
It further expressed absolute ‘unsatisfaction’ with affidavits filed by the Chief Secretary and DGP, saying that they explained ‘nothing’ about the situation.
The top court of the country further asked the Union Government to do something to diffuse the situation and listed the matter for hearing on December 31.
On December 18, Punjab Advocate General Singh had apprised the Court that Dallewal required immediate hospitalisation. His medical reports were subsequently filed before the Court, indicating that his condition was deteriorating.
On December 20, the Apex Court had asked the Punjab government to either shift Dallewal to a nearby makeshift hospital at the Khanauri border, said to have been set up at a distance of 700 meters from the site, or any other well-equipped hospital, where his health could be monitored round-the-clock.