Farmers Protest: Supreme Court Asks Haryana & Punjab To Explore Partial Opening Of Shambhu Border Within One Week

In the matter related to the blockade at the national highway at the Shambhu border between the States of Punjab and Haryana due to farmers' protest, both States on Monday (August 12) submitted a list of names of persons to the Supreme Court who could be included in the panel proposed to be formed by the Court to hold negotiations with the protesters and the government.

The bench comprising Justices Surya Kant and Ujjal Bhuyan, which is hearing Haryana's plea against Punjab and Haryana High Court's direction to unblock the Shambhu Border, appreciated the efforts taken by both the States in proposing the names.

The bench stated that it would pass a detailed order on the next posting date regarding the composition of the committee and its mandate.

Explore partial unblocking of the border

The bench directed the Director Generals of Police of Punjab and Haryana, along with the Senior Superintendent of Police of Patiala and Ambala along with the Deputy Commissioners of both districts to hold a meeting within one week to lay down the modalities for partial opening of the Highway for the purposes of ambulances, senior citizens, women, students, essential services and any commuters of the nearby area.

If both sides are able to resolve such modalities, they need not wait for any order from this court and let such resolution be directed immediately, the bench directed in the order.

During the hearing, when Punjab Advocate General Gurminder Singh requested some directions to relax the blockade for the passage of vehicles going for essential purposes and daily commutes, the bench suggested that Punjab first persuade the protesters to remove the tractors and trolleys from the site. "Why do not you persuade the farmers...because highways are not parking space for tractors, trolleys etc," Justice Kant told the AG.

The bench also put to the Haryana Government to explore the possibility of keeping at least one lane available for the passage of vehicles carrying senior citizens, females, people going for medical treatment etc.

Solicitor General of India Tushar Mehta, appearing for Haryana, said that the DGPs of both states could sit together and think of a solution in that regard.

Bench refuses to stay High Court's direction for judicial inquiry into farmer's death

The bench also turned down another plea made by the State of Haryana to stay the High Court's ordering a judicial probe by a retired judge into the death of a protesting farmer allegedly due to a bullet fired by the police.

Solicitor General Tushar Mehta said that the committee has been asked to examine if the force used by the police was proportionate. SG took objection to this direction, saying that a judicial commission can never ascertain this fact. He added that this direction can "demoralise the police force." However, the bench said, "this can also strengthen the police."

The bench said that the committee's finding is ultimately an opinion and it will be for the High Court to decide whether to accept or not.

Background