The Supreme Court on Wednesday suggested the constitution of a committee comprising independent persons, which could negotiate with the farmers protesting at the Punjab-Haryana border and help in resolving their issues.
The Bench of Justice Surya Kant, Justice Dipankar Datta and Justice Ujjal Bhuyan asked the States of Punjab and Haryana to suggest the names of suitable individuals who could be included in the committee.
The Bench further directed that status quo be maintained by both the States at the protest site in order to ‘prevent’ the flaring-up of the situation at the Shambhu border.
It further sought a proposal from the two States to remove the barricades at the Shambhu border and prevent inconvenience to the general public.
The top court of the country passed the order on a petition filed by the State of Haryana against the order passed by the Punjab and Haryana High Court directing it to unblock the Shambhu Border, which was closed in February this year to prevent the movement of protesting farmers from Punjab to Haryana.
The farmers have been protesting in support of their demands such as a statutory guarantee for the Minimum Support Price for crops.
Appearing for the State of Haryana, Solicitor General of India Tushar Mehta submitted that over 500-600 tanks, which have been modified as armoured tanks, were stationed at the site and if they were allowed to travel to Delhi, a law and order situation may arise.
The Apex Court asked the Haryana government why can’t the border be opened without permitting the travel of tractors & trolleys.
The SG replied that the farmers can come to Delhi but not in tankers or JCBs.
Observing that the Haryana government need not allow the use of tractors, trolleys and JCBs, the Bench said that there appeared to be a trust deficit between the government and the protesting farmers.
It asked the state whether any initiative had been taken to negotiate with the farmers. The Bench suggested the Haryana government to reach out to the protesting farmers as a confidence-building measure.
It further considered appointing some independent persons neutral to the controversy, calling them ‘neutral’ umpires.
The SG referred to the earlier protests held by the farmers in 2020-2021 against the Centre’s now-repealed three farm laws.
The Counsel appearing for the State of Haryana agreed to seek the instructions from the government on that point but urged that the High Court’s direction be stayed in the meantime.
the Apex Court observed that the state cannot block the highway for over a year.
Referring to the Motor Vehicles Act, the SG said it prevented the use of National Highways for the use of JCBs or trolleys.
The Apex Court further observed that it was a common practice of the farmers in Haryana to modify the tractors.
When the SG reiterated that the tractors have been altered as virtual ‘war tanks,’ the Bench observed that this argument also showed a trust deficit.
Advocate General of Punjab Gurminder Singh submitted that the blocking of the NH was affecting the economic health of the State of Punjab as well.
The Punjab and Haryana High Court had observed in its July 10 order that Shambhu border was the ‘lifeline’ for the citizens’ movement between Punjab, Haryana, Delhi and Jammu & Kashmir.
The Division Bench of Justice GS Sandhawalia and Justice Vikas Bahl, while noting that the closure of Shambhu border was causing immense inconvenience to the general public, directed the two States to ensure that law & order was maintained and the Highway was restored to its original glory.
The Government of Haryana had closed this border in February during a farmers’ protest to restrict the protesters from Punjab from entering Haryana.
A PIL subsequently sought directions to open the Shambhu border for the general public, especially businessmen, departmental store owners, and street vendors, who were providing essential commodities to Ambala.
Additional Advocate General for Haryana Deepak Sabharwal apprised the High Court that 400-450 protesters were still sitting on the Punjab side of the highway, who may enter Ambala and gherao the SP’s office.
The High Court responded to the argument by saying that men in uniform cannot be scared of such protestors. The farmers cannot be stopped from entering Haryana. they should be allowed to gherao the SP office.
The High Court further noted in its order that the highway was closed due to preventive measures by the Haryana Government and 5-6 months have gone by since then.
It said the restrictions caused inconvenience to the general public by restricting the free flow of transport.
The High Court noted that it had earlier restrained from passing any order as the gathering was thousands in number.
Since the number of protesting farmers has been reduced to 400-500, the Kisan Union must ensure that they abide by the law, added the High Court in its July 10 verdict.
Another Special Leave Petition is pending before the Apex Court. Filed by the State of Haryana, the SLP challenged a Punjab & Haryana High Court verdict that ordered a judicial inquiry into the death of protesting farmer Shubhkaran Singh.