Supreme Court Vacation Bench Seeks Compliance Report Tomorrow On Hospitalisation Of Farmers Leader Dallewal
The Supreme Court today (December 27) in unequivocal terms have stated that the Punjab Government must do everything in its capacity to ensure that law and order of the State is maintained while farmers' leader Jagjit Singh Dallewal, who is on a fast-unto-death since more than 20 days at the Khanauri border, is attended with immediate and adequate medical care.
The Court has sought a compliance report in this regard tomorrow at 11 am.
A vacation bench of Justices Surya Kant and Sudhanshu Dhulia heard a contempt petition filed against the Punjab Chief Secretary for non-compliance with the Court's order to provide immediate medical aid to Dallewal.
The Court has been 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.
By an order dated December 18, the Advocate General for the State of Punjab Gurwinder Singh had informed the Court that Dallewal requires immediate hospitalisation. Given this submission, the Court directed the State Authorities to take all necessary steps and ensure that he is duly hospitalised.
Pursuant to this, Dallewal's medical reports were filed before the Court in which it was observed that his condition was deteriorating. Therefore, the Court reiterated that it is the Constitutional duty and responsibility of the State of Punjab to ensure that no harm is caused to the life of Dallewal.
In its latest order on December 20, the Court stated that the Punjab authorities can decide whether to shift Dallewal to the makeshift hospital (temporary hospital, which is said to have been set up at a distance of 700 meters from the site) or to any other well-equipped Hospital.
A fresh medical report about the stability of the health of Dallewal, along with the necessary steps taken meanwhile to prevent any irreversible damage to his health, were to be filed by the Chief Secretary, Punjab as well as the Chairperson of the Medical Board constituted to monitor the health condition of Dallewal on the reopening of the Court on January 2. However, the Court had to hear the contempt petition alleging that the Punjab State is not taking adequate measures to ensure that Dallewal is given adequate medical aid.
When the matter came up today, Singh at the outset submitted that an 8-member delegation of Cabinet Ministers along with Punjab DGP had gone to meet the protesting farmers to convince Dallewal to shift to a hospital. He added: "The farmers are strongly resisting his shifting. So, we have provided everything onsite."
To this, Justice Kant responded that although the Court will not issue any directions today, the State of Punjab needs to ensure that law and order issue is adequately handled. He said: "If some people are creating law and order problems, it is your affair. You must deal with it with an iron hand."
Justice Dhulia also added: "Please take it very seriously Mr. Gurwinder Singh. Somebody's life is at stake."
When Singh responded that the State is "very earnestly following up this issue," this did not sit well with the Court and both judges responded that it does seem like the Court's order has been complied with.
Justice Dhulia remarked: "Perhaps you are not [taking up this seriously] otherwise you would have given medical aid by now! Our impression is, you are not following it."
Justice Kant added: "We are concerned how your authorities act upon swiftly and whatever may be the requirement under law." On Solicitor General Tushar Mehta's suggestion, the Court has sought a compliance report instead of a status report tomorrow.
Justice Dhulia today suggested that if Union may assist the Punjab Government in dealing with the issue adequately. However, Mehta suggested that the Union's interference might deteriorate the situation at hand. He responded to Justice Dhulia's suggestion: "Our interference might have some complication."
Contrary to Mehta's opinion articulating the Union's stand, Singh said: "When I sought the instructions in morning, the Ministers' team that had gone-8 Cabinet Ministers headed by seniormost Minister, on that every day on 24th [December] when we conducted the medical, he had handed a letter of 24 December 2024 addressed to the hon'ble Prime Minister that if the Centre can intervene, they would be definitely defusing the situation which is a part of Your Lordship's final directions on December 20 order that the State Government will carryout the efforts to diffuse the situation."
Singh added: "He says, if some dialogue is opened up, only then he is willing to cooperate for medical assistance."
Mehta reiterated that first priority should be that Dallewal be shifted to a hospital. He pointed out that few farmers "cannot keep as a hostage when his life is in danger".
Singh however added that if there is any "physical jostling" at the time of shifting Dallewal, that risk cannot be taken by the State. On this, Justice Kant remarked: "We have serious doubts about those farmers, those who are not conscious and aware and concerned about his life."
Mehta suggested that "all possible measures should be taken" to shift Dallewal to hospital. He added: "All possible measures have a meaning. Learned AG knows."
When Singh suggested that the Union might interfere in the situation only for the purpose of diffusing the situation, Mehta intervened and said that the priority at hand is to ensure Dallewal is given proper medical aid.
Justice Kant orally remarked that the Court would take up whatever was required from their side to pacify the agitation of farmers. He said: "In this regard, whatever assistance or support and cooperation we will require from the Central Government, we will ask them. Mr. Gurwinder Kaur Gill has already filed a writ petition for a hearing on 2nd [January] on opening day. There, these issues are raised. We will seek cooperation."
Case Details: LABH SINGH v. K A P SINHA., Diary No. 61011-2024