Force Ready To Act But Indecision Of Authorities Apparent: Punjab & Haryana High Court On Agitation For Release Of Sikh Prisoners In Mohali

The Punjab and Haryana has said that protestors of Qaumi Insaf Morcha, who have been on an indefinite protest for weeks near Chandigarh-Mohali border, cannot be allowed to continue for all time to come.

The division bench of Justice Augustine G. Masih and Justice Harpreet Singh Brar said that it hopes and expects that the authorities succeed in the negotiations with the agitators. The court stressed that there has to be an end to all this. 

"What transpires is that the force, which is required to take action, is ready and willing but there appears to be some indecision on the part of the authorities to take action. We hope and expect that the authorities succeed in the negotiations with the agitators but then there has to be an end to all this. It cannot be allowed to continue for all time to come," said the court

Punjab Advocate General Vinod Ghai and UT Chandigarh's Public Prosecutor Ashu Mohan Punchhi earlier told the court that efforts to amicably resolve the issue are in process and they are quite hopeful that the matter would be settled and the agitation put to an end.

The court made the observations during the hearing of a petition filed by NGO Arrive Safe Society for removal of the "encroachment by protestors" around YPS Chowk in Mohali.  Advocate Ravi Kamal Gupta, representing the petitioner, also brought to the court's attention a recent death that occurred at the protest site. Punjab AG requested for time to seek instructions and provide the court with information about the cause of the person's death.

Background

In March 2023, a PIL was filed by the Arrive Safe Society, which works on developing road safety programs, against the Dharna led by Quami Insaf Morcha. The PIL alleges that the protest has been going on since January 2023, causing inconvenience to the general public who need medical facilities, and school-going students.

According to the petition, the members of several Sikh bodies and others are supporting the demands of the morcha. The protesters have been seeking the release of Sikh prisoners, including Balwant Singh Rajoana, a convict in former Punjab CM Beant Singh’s assassination, the petition said. The protesters also demand the release of Devinderpal Singh Bhullar, a 1993 Delhi bomb blast convict, it adds.

The court on March 10 had asked the State to give reason as to why no steps have been taken for removal of hindrance on the road when there has been made encroachment by the protestors around YPS Chowk, Phase 7, Phase 3-A, Mohali.

It had observed that the State must take all necessary steps to ensure that none of the roads leading to Chandigarh from Mohali District are, in any manner, allowed to be obstructed or hindered, leading to the stoppage of traffic movement. 

The matter will now be taken up on May 17.

Case Title: Arrive Safe Society v. State Of Punjab & Ors.

Citation: 2023 LiveLaw (PH) 63

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