Supreme Court Stays HC Order Asking Punjab & Chandigarh Authorities To Clear Protesters Blocking Road For Release Of Political Prisoners

The Bench of Justices B.R Gavai, Satish Chandra Sharma, and Sandeep Mehta also stayed the High Court's order.

In the High Court's order, passed on April 09, Bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji had opined that despite repeated opportunities, 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.

While deferring the matter to April 18, the High Court said it hoped that the State of Punjab and the Union Territory, Chandigarh, “will wake up from their slumber." The Court had asked the authorities to consider Supreme Court observations in cases, including Amit Sahni vs. Commissioner of Police and others, 2020, which was passed regarding Shaheen Bagh protests. Therein, the Top Court stated that public places cannot be occupied indefinitely.

As the matter came up for the hearing, Solicitor General Tushar Mehta submitted before the Bench that the impugned order is common and both parties are supporting each other. While Mehta appeared for the Union and Chandigarh administration, Senior Advocate and Punjab's Advocate General Gurminder Singh represented the State.

In a brief courtroom exchange, Mehta said, “We are supporting each other.”

At this, Justice Gavai remarked in a lighter, “for a change.”

“Federalism is always protected except when it comes to corruption. In COVID times, every State and Centre worked together, expect, in case of corruption.,” came the response from Mehta.

Supplementing this view, Singh said, “Which again is the common objective, I am very sure.”

In its order, the High Court highlighted the inconvenience caused to commuters and residents by a handful of persons blocking the road. The Court added: "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," added the Court.

The Court also noted that it had impleaded the Union Government. Pertinently, on a previous occasion, the Court had also 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," it had said.

The Court also perused the photographs and observed that it was apparent that there was no large gathering.

The instant PIL was filed by NGO Arrive Safe Society in March 2023, alleging that the protest has been going on since January 2023, causing inconvenience to the general public who need medical facilities, and school-going students.

The protestors sought enhancement of punishment in cases of sacrilege with the Central Government, premature release on the good conduct of Sikh prisoners, including Balwant Singh Rajoana, a convict in former Punjab CM Beant Singh's assassination, and Devinderpal Singh Bhullar, a 1993 Delhi bomb blast convict.

Case Status: THE STATE OF PUNJAB AND ORS. Versus ARRIVE SAFE SOCEITY AND ORS., 2 SLP(C) No. 10429/2024