No Reason For State To Not Act Against Persons Blocking Roads By Using Guru Grant Sahib As Shield To Protest For Release Of Sikh Prisoners: P&H High Court

The Punjab & Haryana High Court has pulled up state authorities for not clearing roads blocked by the protestors seeking the release of Sikh prisoners in Mohali-Chandigarh border despite repeated opportunities.

Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji said, "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."

"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.

Quami Insaaf Morcha has been sitting on dharna since January 2023, on the road adjoining YPS Chowk from Chandigarh to Mohali, leading to severe traffic issues.

Previously, AG Gurminder Singh suggested that it would be appropriate if a joint operation is conducted both by the Chandigarh Police and the Punjab Police with assistance from the Central Government Agencies to clear the site. Consequently, the Court had impleaded the Union Government.

The Court had earlier 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.

In the present hearing, the bench noted that it is apparent from the photographs which have been placed on record that there is "no large gathering."

Adding that the State of Punjab and the Union Territory, Chandigarh, are dragging their feet for the reasons best known to them, the Court said, "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."

While deferring the matter for April 18, the Court said it hoped that "the State of Punjab and the Union Territory, Chandigarh, will wake up from their slumber and keep in mind the observations of the Apex Court in State of Himachal Pradesh and another Vs. Umed Ram Sharma, 1986 (2) SCC 68 and Amit Sahni Vs. Commissioner of Police and others, 2020"

The development ensued in a PIL 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 seek enhancement of punishment in cases of sacrilege with the Central Government, premature release on 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.

Appearance: Ravi Kamal Gupta for the Advocate for the petitioner 

Gurminder Singh, Advocate General, Punjab, assisted by Gagneshwar Walia, Addl. Advocate General, Punjab.

Amit Jhanji, Senior Standing Counsel, UT Chandigarh, with Abhnav Sood, Advocate and Anand Gupta, Advocate, for the respondent – UT.

Satya Pal Jain, Addl. Solicitor General of India, with Saigeeta Srivastava, Advocate, for UOI.

G.P.S. Bal, Advocate, and Mr. G.S. Dhaliwal, Advocate, for the protestors.

Title: Arrive Safe Society v. State of Punjab and others

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