Farmers' Protest | 'Positive Developments' : Supreme Court On Dallewal Accepting Medical Aid & Farmers Agreeing For Talks With Union

Sibal also informed the Court that Dallewal has now been shifted to the makeshift hospital near the protest site. On this, Justice Kant suggested that if Dallewal wants to participate in the talks with the Union in Chandigarh, he take medical assistance from the PGI Chandigarh before that.  

The Court ordered: "...various positive developments have taken place. The Government of India sent a high-level deputation and met with Dallewal and other farmers' leaders. Both sides have agreed to have a dialogue and dispose of the issue in Chandigarh on 14 February, 2025. Mr. Dallewal, with this averment, has accepted medical aid and his condition has improved and shifted to a hospital 50 meters from the protest side.

Dallewal has also agreed to be part of the delegation to resume talks with the Central Government and other authorities in Chandigarh in the February 14, 2025. We would like to impress upon Mr. Dallewal that he can go to Chandigarh in advance a couple of days before the meeting and have a proper medical checkup at PGI, Chandigarh and take necessary medical aid for his effective participation. We are also informed that some other farmers' leaders have also broken their fast and have agreed to resume the talks..

...all the stakeholders will be able to take appropriate decision and will further line of action which may be in the national interest including for farmers community. In light of the present development, the contempt proceedings are kept in abeyance and the presence of officials dispensed. We were also informed the high-powered committee also met Dallewal..on join request, post matter for hearing on end of February."

What has happened so far?

On January 6, the matter was adjourned at the request of Sibal after he stated there had been a "breakthrough" in the stalemate between the Punjab Government and the protesting farmers and that the latter had been persuaded to meet Justice (Retired) Nawab Singh, the Chairperson of the High-Powered Committee constituted to negotiate with the protesters.

It may be noted that earlier, the farmers' organisation Samyukta Kisan Morcha, which is at the forefront of the protests, had refused to meet the panel, which the Supreme Court constituted in September last year. Subsequently, on January 15, it was informed that since the meeting with the Committee, "effective steps" have been taken.

The Court is currently hearing a contempt petition filed against the Punjab officials for not shifting Dallewal to the hospital.

On January 2, the bench expressed displeasure with the State for not complying with the directions for taking Dallewal to the hospital. The bench reiterated that its order was not to break Dallewal's fast and clarified that he could continue his hunger strike under medical supervision. The Court called against the authorities and State media for reporting otherwise.

Dallewal has been on fast-unto-death since November 26 at the Khanauri border, demanding the Union Government to accept farmers' demands including a statutory guarantee for Minimum Support Price for crops. Apart from being a cancer patient, Dallewal suffers from age-related ailments.

Reportedly, due to his deteriorating health, he is now unable to take water. It is been said that even if he breaks his fast now, he will not be able to recover fully. But it has been pointed out to the Court that the farmers' leader has refused any medical intervention despite the mobilisation of negotiators by the Punjab Government to diffuse the situation unless the Central Government intervenes.

The Court was hearing an SLP filed by the Haryana Government in the State'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 2024 due to farmers' protests, raising demands such as a statutory guarantee for the Minimum Support Price for crops. In September last year, the Court constituted a High-Powered Committee to negotiate with the farmers protesting at the Shambhu border between the States of Punjab and Haryana.

During the hearing of this plea, the issue of Dallewal's medical aid came up, wherein on December 20, an order was issued directing the Punjab State authorities could either 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. Against the non-compliance of this order, a contempt petition was filed, which was heard by a vacation bench of Justices Surya Kant and Sudhanshu Dhulia.

The matter was taken up on three occasions, wherein the Court directed the Chief Secretary of Punjab and Director General of Police of Punjab to make all arrangements to shift Dallewal to the hospital. The authorities then filed a compliance report stating that farmers are resisting the shifting of Dallewal to a hospital and in view of the possibility of "physical jostling" and "collateral damage of lives and property," the farmers' leader has been provided with medical support onsite of the protest.

On December 31, the Court was informed that negotiators and intervenors were sent to the protest site to convince the farmers to allow the shifting of Dallewal and the farmers have proposed that if the Centre intervenes, Dallewal is ready to take medical aid.

It should be noted that while the Punjab Government has taken a stand that the Union's intervention might help in diffusing the situation at hand, the Union has taken a contrary stand that their intervention will deteriorate the situation further. On December 28, the Court ordered the Union to provide all logistic support, if sought by the Punjab Government, to pacify the situation.