Farmers' Protest | Supreme Court Asks Punjab Authorities To Take Call On Shifting Jagjit Singh Dallewal To Temporary Hospital Amid Hunger Strike

In the matter related to farmers' protest at the border between Punjab and Haryana, the Supreme Court today said in categorical terms that it is Punjab authorities' responsibility to ensure stable health condition of farmers' leader Jagjit Singh Dallewal, who is on a fast-unto-death since last 24 days at the Khanauri border.

A bench of Justices Surya Kant and Ujjal Bhuyan heard the matter and called for an affidavit from Chief Secretary, Punjab and Chairperson of the Medical Board (constituted to monitor health of Dallewal) by the next date on the health situation of Dallewal as well as the steps taken to ensure that no harm comes to him.

"It is the entire responsibility of the State of Punjab to ensure stable health condition of Sh. Dallewal, for which, if he requires hospitalization, the authorities will take a call as to whether Sh. Dallewal can be shifted to make-shift hospital (temporary hospital) which is said to have been set-up at a distance of 700m from the site, or otherwise. A fresh medical report about the health stability of Sh. Dallewal and the necessary steps taken meanwhile to ensure that no damage is caused to his health shall be filed by Chief Secretary, Punjab as well as the Chairperson of the Medical Board constituted to monitor the health condition of Sh. Dallewal."

The efforts already directed to be made in previous orders shall continue, the Court added. The matter has been listed on January 2, 2025 for reporting compliance, with liberty to move the court in the interregnum if required.

To recap briefly, yesterday, the Court pulled up Punjab authorities over their insufficient efforts to tackle the health situation of Dallewal. It re-emphasized that Punjab authorities shall ensure immediate medical assistance for Dallewal, without forcing him to break his fast, and called on Punjab Advocate General Gurminder Singh to furnish Dallewal's medical test reports.

Today, during the pre-lunch session, the Punjab AG produced Dallewal's medical reports, including those based on blood samples and an ECG. Referring to the same, he told the court that the ECG was found to be normal and most parameters in blood reports were also fine, except uric acid (which was high). In context of a likelihood of cancer diagnosis, the AG informed that Dallewal's PSA values are slightly high but not dangerous.

Hearing the submissions, the Court asked that an affidavit be filed during the course of the day under the signatures of the Chief Secretary and DGP undertaking responsibility of Dallewal's health situation. Post-lunch, the Punjab AG appeared and apprised that an affidavit had been filed. Accordingly, the Court passed its order. While issuing the directions, it kept in view a medical report produced yesterday saying that Dallewal's health was deteriorating day-by-day and as per medical experts, he required hospitalization.

It may be mentioned that Solicitor General of India Tushar Mehta (for Haryana) requested the Court to pass an order to shift the fasting leader to a hospital, saying that his health was deteriorating. The Punjab AG, however, said that a coercive direction might create difficulties on ground level.

Background

The Court was hearing Haryana's plea against Punjab and Haryana High Court's direction to unblock the Shambhu Border between the States of Punjab and Haryana. The border was closed in February this year due to farmers' protests, raising demands such as a statutory guarantee for the Minimum Support Price for crops.

In September, the Court constituted a High-Powered Committee to hold negotiations with the farmers who are protesting at the Shambhu border between the States of Punjab and Haryana.

During latest hearings, the Court asked the Committee to persuade the farmers to temporarily shift the protest venue and clear the National Highway for smooth traffic or temporarily suspend their agitation. In response, Member Secretary of the Committee, who was present in Court, assured that the Committee would take up the proposal in its very next meeting as a preliminary issue and file a report. The Court also expressed concerns about the health of farmers' leader Dallewal (on fast-unto-death) and said that he should be given medical aid, without forcing him to break the fast.

Case Details: The State of Haryana v. Uday Pratap Singh, SLP(C) No. 15407-15410/2024