Supreme Court Issues Notice On Kaumi Insaf Morcha's Plea Challenging HC Order Against Mohali-Chandigarh Protests

The Supreme Court today issued notice on a plea filed by Kaumi Insaf Morcha against an order of the Punjab and Haryana High Court relating to the blocking of roads at Mohali-Chandigarh border by protestors seeking release of Sikh prisoners.

The matter was before a bench of Justices BR Gavai, KV Viswanathan and N Kotiswar Singh, which tagged it with a pending case of similar nature.

To recap, petitioner-Kaumi Insaf Morcha launched protests in Punjab in January, 2023 seeking justice for the 2015 sacrilege and police-firing incidents in Faridkot as well as the release of Sikh prisoners who have statedly completed their jail terms. These prisoners include Balwant Singh Rajoana, a convict in former Punjab CM Beant Singh's assassination and Devinderpal Singh Bhullar, a 1993 Delhi bomb blast convict.

The protests/dharna were carried out at the YPS Chowk near Chandigarh-Mohali border, leading to severe traffic issues. This led the respondent NGO-Arrive Safe Society to file a PIL before the Punjab and Haryana High Court in March, 2023, alleging that the protests were causing inconvenience to the general public, including school-going students and people who need medical facilities.

During initial hearings, the State suggested that it would be appropriate to conduct a joint operation by the Chandigarh Police and the Punjab Police with assistance from the Central Government agencies to clear the site. Consequently, the Court impleaded the Union Government. The High Court warned that it would get the roads cleared by using force, if necessary: "Public roads cannot be blocked and the general public cannot be put to inconvenience".

In April, 2024, the High Court pulled up the state authorities for not clearing the roads blocked by the protestors despite repeated opportunities. "Despite repeated opportunities given, neither the State of Punjab nor the Union Territory, Chandigarh, has been able to give any redressal to the commuters of Chandigarh and SAS Nagar Mohali. On account of handful persons sitting and blocking the road, inconvenience is being caused to the commuters and residents of the Tri-city and the misery is continuing", it said.

Going through the photographs on record, the High Court opined that there was "no large gathering", yet the state authorities were dragging their feet. "In spite of the fact that it is well known that all the agitators from the rural background are busy in harvesting and it is most opportune time to remove the blockage of the road", it said.

The High Court was also of the view that the protestors were misusing religious sentiments, and said,

"Only on account of the fact that some of the protestors have been hiding behind a shield of religious legitimacy by placing the Guru Granth Sahib would not as such give the State reason not to act against the persons concerned, who are misusing the religious sentiments".

Aggrieved by this order, petitioner-Kaumi Insaf Morcha approached the Supreme Court.

Case Title: KAUMI INSAF MORCHA Versus ARRIVE SAFE SOCIETY AND ORS., Diary No. 29992-2024

Click Here To Read/Download Order