) and others directed to ensure that NH-44) be kept open for free flow and movement of the traffic.){kind=link}
The Punjab High Court directed the official respondents to ensure that National Highway-44 (NH-44) , which is the life-line of the country and connects the length and breadth of India, be kept open for free flow and movement of the traffic, without any hindrance, so that the public at large, is not put to any kind of inconvenience.
The Division Bench of Justice Manjari Nehru Kaul and Justice Manisha Batra passed this direction while hearing a Public Interest Litigation (PIL) filed seeking directions to stop a mob of people from gathering at NH-44, at the behest of respondent No.6 (Bhartiya Kisan Union (Union)) and others as the same would be contrary to the interim directions passed by the High Court on 23.09.2022.
The Counsel for the petitioner while drawing the attention of the Court to the order dated 23.09.2022, has submitted that an affidavit of the Chief Secretary, Government of Haryana, dated 25.09.2022, was filed pursuant to directions given by the High Court, as a result of which talks were resumed with the leaders of respondent No.6.
During their talks, it was agreed upon that respondent No.6 would remove the blockade, if the agricultural produce lying in the mandis was protected from the rains. Thereafter, on an assurance given by the Deputy Commissioner, Kurukshetra, respondent No.6 had called off the road blockade on NH-44, at Shahabad, leading to normal flow and movement of traffic w.e.f. 24.09.2022.
The Counsel for the petitioner has submitted that however, respondent No.6 has once again threatened the administration that in case the purchase of produce of Surajmukhi crop is not initiated at the earliest they would once again resort to blockade of NH-44 and in fact a large mob has been gathering at Shahabad.
In support, counsel has played a video recording of some News Channels wherein it is audible and visible that some leaders of respondent No.6, are asking the administration to divert traffic from NH-44, as they would soon start blocking traffic. The Counsel further submits that in the circumstances, there is a genuine apprehension that it could lead to serious law and order problems and the situation could get out of hand. It has also been submitted that it is evident that respondent No.6 is not adhering to the interim directions issued by the High Court on 23.09.2022. A prayer, therefore, has been made for issuance of directions to the official respondents to take necessary steps at the earliest so as to prevent the situation from getting out of hand and turning ugly, more so, since NH-44 connects the country right from Jammu and Kashmir to Kanya Kumari.
The Court issued notice to the respondents.
In view of the averments made in the application and material on record, the High Court deemed it appropriate to issue directions to the official respondents to ensure that NH-44, which is the life-line of the country and connects the length and breadth of India, be kept open for free flow and movement of the traffic, without any hindrance, so that the public at large, is not put to any kind of inconvenience.
“This direction shall to be given effect to forthwith, without any further delay. However, at the same time, it is made clear that the administration shall exercise utmost restraint and would use force to disperse the mob collected at the spot, only as a last resort , the Court further directed.
Matter will be next heard by the High Court on 13.06.2023.