Haryana Govt Approaches Supreme Court Against High Court's Order To Unblock Shambhu Border

In its July 10 order, the High Court had observed that the above-mentioned border is a “lifeline” for citizens' movement between Punjab and Haryana and to Delhi and Jammu & Kashmir, and its closure is causing immense inconvenience to the general public.

The division bench of Justices GS Sandhawalia and Vikas Bahl also directed both States to ensure that law and order are maintained and the highway is restored to its "original glory."

To provide a brief background, the Haryana Government closed this border in February during a farmers' protest to restrict the protesters from Punjab from entering Haryana. Subsequently, a PIL sought directions to open the Shambhu border for the general public, especially businessmen, departmental store owners, and street vendors who are providing essential commodities to Ambala.

Before the High Court, Additional Advocate General for Haryana Deepak Sabharwal argued that 400-450 protesters are still sitting on the Punjab side of the highway, and they may enter Ambala and do gherao at the SP's office.

However, the Court responded to this, saying that:

“men in uniform cannot be scared of them...we are living in democracy, farmers cannot be stopped from entering to Haryana...let them do the gherao”

In addition to this, the Court also 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.

To support its findings, the Court underscored the inconvenience caused by restrictions in the free flow of transport.

“The diversion which have been made is causing great inconvenience...there is no free flow of transport vehicles and buses, thus general public is in great inconvenience.,” the Court said.

The Court also reasoned that earlier, it had restrained from passing any order as the gathering was thousands in number. However, the Court noted that now the number of protesting farmers has been reduced to 400-500. Imperatively, the Court also directed Kisan Union to ensure that they abide by the law.

It may also be mentioned that another Special Leave Petition filed by the State of Haryana opposing the Punjab & Haryana High Court's order of a judicial inquiry into the death of a protesting farmer, Shubhkaran Singh, is also pending before the Top Court.

Case Details: THE STATE OF HARYANA VS. UDAY PRATAP SINGH., DIARY NO. - 30656/2024