Tractor-Trolleys Not Allowed On Highways, Right To Protest Subject To Reasonable Restrictions: Punjab & Haryana High Court On Farmers Protest

The Punjab and Haryana High Court today orally remarked that the farmers have right to protest but it is subject to reasonable restrictions.

The farmers are protesting in demand of a law guaranteeing MSP, among other things. A division bench of Acting Chief Justice (ACJ) GS Sandhawalia and Justice Lapita Banerji was hearing the plea challenging the alleged obstructive actions of the government and another plea seeking immediate action against the protest.

ACJ GS Sandhawalia orally asked the Punjab Government to ensure that protestors are not gathered in large numbers, "they have right to protest but it is subjected to reasonable restrictions," the judge said.

During the hearing, ACJ Sandhawalia also objected to farmers travelling in tractors and trolleys for protest. "According to Motor Vehicle Act, you cannot use tractors and trolleys on highway...you are travelling on your tractors and trolleys from Amritsar to Delhi...everyone knows about their rights but there are also constitutional duties," the ACJ said.

The judge further added that if it is required then the tractor and trolleys can be carried on trucks.

The Governments of Punjab and Haryana filed their affidavit today. Status report was also filed by the Union in pursuance of Court's previous directions.

The Special Director General of Police, Punjab submitted in the affidavit that the Haryana Police has set up a strong barricading at the Shambhu Border and the present situation is peaceful.

Whereas, the Additional Chief Secretary of Haryana submitted that the protesting sites have been designated by each districts and the protestors can apply for peaceful agitation in their respective districts.

It further submitted that "the State will take all possible steps against the violators of law in order to ensure that the protestors do not block important road and places in Haryana."

The Court directed the Centre to file the status report on affidavit with latest development and what transpired in the meetings with farmers, by the next date of hearing.

During the course of previous hearing, the Court had called for an amicable settlement between the parties. Central government had also made a statement in the court that it is open to negotiations on the issue. Accordingly, a meeting was scheduled last week.

The petitioner Uday Pratap Singh, a Chandigarh based lawyer has challenged the "obstructive actions" of the government, including sealing of border between Haryana and Puniab and suspension of mobile internet services and bulk SMS in several districts of Haryana

In the last hearing, Singh alleged that Haryana government has resorted to violent means and is using weapons like rubber pellet, tear gas cannons on peaceful protesters. The Haryana government on the other hand submitted that the protest is unauthorised, organised without seeking any permission from the authorities. It submitted six districts in the State, i.e, Yamunanagar, Charkhi Dadri, Kurukshetra, Jhajjar, Panchkula and Karnal have already earmarked areas for holding peaceful agitation and others districts are also directed to identify.

Punjab government also submitted the situation is tense but under control and all the arrangements have been made including the medical facilities. It added that they have no objection to protest, as long as it is peaceful.

"They have right to protest peacefully," the ACJ then remarked. Previously also, the Court had observed that "right of free passage of the public at large is to be balanced with right of freedom of speech and expression and that none of them existing in isolation can be put-forth so that the general public is not put to any inconvenience."

Title: Uday Pratap Singh v. State of Punjab & Ors.

Appearance: Uday Pratap Singh petitioner in person.

ASG Satya Pal Jain for Union government.

Manpreet Singh Longia, Ad AG for Punjab.

Deepak Sabharwal, Ad AG for Haryana.