Will Not Hesitate To Order Use Of Force To Clear Road Blockade By Protestors Seeking Release Of Sikh Prisoners: Punjab & Haryana High Court

The Punjab & Haryana High Court has said that if necessary, it will not hesitate to issue directions to the State to clear road blockades caused by protestors seeking release of Sikh prisoners, near the Chandigarh-Mohali border.

“We are inclined to put it down in Black and White that the law as such is clear that public roads cannot be blocked and general public cannot be put to inconvenience and we would have no hesitation to issue such directions to the State to get the roads cleared by using force, if necessary,” said the bench of Justice G.S Sandhawalia and Justice Harpreet Kaur Jeewan.

The court was hearing the petition filed by NGO Arrive Safe Society for removal of the “encroachment" by protestors around YPS Chowk in Mohali.

The court on the last date had deferred the hearing stating that “proceedings are deferred, with the hope that the Court, on the next date of hearing, can be informed of the fact that the protestors have been successfully asked to shift to an alternate sites which are designated or can be designated so that inconvenience is not caused to the general public…”

Taking note of the affidavit filed by SP, Chandigarh, the Court said, “it is stated that the protesters are moving a 'Jatha', on a daily basis from the protest site to Sector 52-53 dividing road through Mohali, where they chant religious hymns. Thereafter, they returned to the protest side at Sector 51-52 dividing road on a daily basis.”

The court also noted that the SP has stated in the affidavit that the police personnel are being deployed regularly at the camp site, as well as at Sector 52-53 dividing road border on the Mohali side.

Apparently, there are only 100-120 protesters during the day and the number dwindles to about 70- 80 at night, the police said.

SSP Mohali in a separate affidavit said that a meeting was held to resolve the issues and that the representatives of 'Qaumi Insaff Morcha' were asked to remove the 'Dharna' in view of the inconvenience faced by the public.

"Alternate sites, which were already designated for protests in SAS Nagar, also suggested to the representatives and they proposed to open one side of the road running from Mohali to Chandigarh but they sought time to consult with their Committee members before finalizing anything," the Mohali Police said.

Thre counsel appearing for the ‘Morcha’ assured the court that an effort will be made to resolve the issue by the next date of hearing.

While posting the matter for the next hearing the Court said, “we defer the proceedings for 17.08.2023, with the hope that better sense would prevail upon them.”

Background

In March 2023, a PIL was filed by the Arrive Safe Society, which works on developing road safety measures, against the Dharna led by Quami Insaf Morcha. The PIL alleges that the protest has been going on since January 2023, causing inconvenience to the general public who need medical facilities, and school-going students.

According to the petition, the members of several Sikh bodies and others are supporting the demands of the morcha. The protesters have been seeking the release of Sikh prisoners, including Balwant Singh Rajoana, a convict in former Punjab CM Beant Singh’s assassination, the petition said. The protesters also demand the release of Devinderpal Singh Bhullar, a 1993 Delhi bomb blast convict, it adds.

Case Title: Arrive Safe Society v. State Of Punjab & Ors.

Appearance: Ravi Kamal Gupta for the Advocate for the petitioner in CWP-PIL-22-2023).

Lalit Singh, and Versha Sharma, Advocates, for the petitioner (in CWP-11390-2023).

Vinod Ghai, AG, Punjab with. V.G. Jauhar, A. A.G., Punjab.

Ashu Mohan Punchhi, PP for U.T. Chandigarh.

Citation: 2023 LiveLaw (PH) 63

Click Here To Read/Download Order