"Can't Permit Such Illegal Activities": In Midnight Hearing PH High Court Orders Removal Of Blockade By BKU On National Highway

In a midnight hearing convened yesterday, the Punjab and Haryana High Court ordered the Haryana Government to remove the blockade by farmers led by Bhartiya Kisan Union on the National Highway at Shahbad in Kurukshetra. The Court categorically remarked that such illegal activities can't be permitted

The bench of Justice Augustine George Masih and Justice Alok Jain also stressed that the District Administration should have immediately taken steps that such a thing should not have happened, which has led to a situation where the National Highway has been blocked.

The Court directed the Haryana government authorities to forthwith ensure that National Highway No.44 is kept open for free flow and movement of traffic without any hindrance so that the public at large is not put to inconvenience.

The Court also added that the cause, which has led to such a situation (protests by Bhartiya Kisan Union), be sorted out so that there is no further deterioration in the law and order situation.

"This direction of ours needs to be given effect to forthwith. However, a word of caution needs to be added here that the matter preferably needs to be resolved amicably. Resort to use of force should be as the last option and that too unless the Administration has no other way out," the Court further added.

The case in brief

The Court was essentially hearing a PIL Plea preferred by an Advocate (Randeep Tanwar) highlighting the aspect that National Highway No.44 had been blocked by deploying tractor trolleys and other vehicles, apart from erecting tents in the middle of the road, resulting in traffic jam thereon.

It was told to the High Court that the blockade has been resorted to by a group of Bhartiya Kisan Union, which is led by its president Gurnam Singh Chaduni and now 400 to 500 people and 75-80 tractors and other vehicles have also reached the site and have caused the blockade.

Further, it was contended that the protestors have put the general public in discomfort as a lot of people are traveling and making use of the National Highways and therefore, the blocking would not only affect the free movement of the traffic but would also lead to harassment to the public at large.

It lastly argued that the citizens, who have a basic right to move without any hindrance throughout the country, cannot be restricted and hampered at the behest of some people, which act is against the interest of the public. 

Having taken into account the submissions made by the petitioner, the Court, at the outset directed the respondents to ensure that National Highway No.44 is kept open for free flow and movement of traffic without any hindrance so that the public at large is not put to inconvenience.

"Let the Chief Secretary to Government of Haryana (respondent No.1) submit the steps taken and report in pursuance of the above directions as also the latest status report on the date fixed," the Court directed.

Further, the Court ordered that the Bhartiya Kisan Union (Chaduni Group), Village Chaduni, District Kurukshetra, through its President Gurnam Singh Chaduni be impleaded as respondent No.6 in the writ petition. 

Case title - Randeep Tanwar v. State of Haryana and Others 

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