Farmers Protest : Supreme Court Seeks Complete Medical Report Of Farmers' Leader Jagjit Singh Dallewal Who's On Hunger Strike

Gursimran Kaur Bakshi

15 Jan 2025 7:49 AM

  • Farmers Protest : Supreme Court Seeks Complete Medical Report Of Farmers Leader Jagjit Singh Dallewal Whos On Hunger Strike

    The Supreme Court today (January 15) sought complete comparative medical reports of farmers' leader Jagjit Singh Dallewal(who has been on a hunger strike) including his latest vitals to take stock of his medical condition. The Chief Secretary of Punjab is directed to handover the reports to the Registrar (Judicial) of the Supreme Court who shall then obtain the medical opinion from the...

    The Supreme Court today (January 15) sought complete comparative medical reports of farmers' leader Jagjit Singh Dallewal(who has been on a hunger strike) including his latest vitals to take stock of his medical condition. The Chief Secretary of Punjab is directed to handover the reports to the Registrar (Judicial) of the Supreme Court who shall then obtain the medical opinion from the Director (AIIMS).

    This order was passed after the State of Punjab submitted that his health condition is "improving" but later clarified that his vitals are "stable" rather than improving.

    Before a bench of Justices Surya Kant and NK Singh, Senior Advocate Kapil Sibal, for the State of Punjab, at the outset submitted that there is now a medical facility just 10 meters near the protest site and that Dallewal's parameters are "improving". An affidavit on Dallewal's latest vitals was filed before the Court.

    Sibal added: "His parameters are fine at this moment."

    The moment Sibal stated that his conditions were "improving," this agitated Justice Kant who questioned how could the Government say a person's vitals were improving when he had been fasting for more than 46 days. 

    Justice Kant said: "Where are the latest parameters? Last time some officers filed an affidavit [stating that his condition is deteriorating], now you are saying that his parameters are improving? How can it happen? On one hand, you are saying your doctors are there 24x7, and your medical team is there, how the parameters are improving? The person to whom we are saying that he appears to have been placed there as some people are putting kind of peer pressure on him, he will not dispute [his vitals]. 49 days [a person is on hunger strike] and his parameters are improving?"

    Sibal clarified that the statement was made based on the report of the Medical Board constituted for Dallewal's comprehensive medical examination. He further clarified that Dallewal's parameter is not improving rather it is stable. 

    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.

    Today, Sibal also briefly stated that since the meeting of the Committee, there have been "effective steps" and there is progress in the matter. The matter is now posted to be heard on January 29.

    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 had expressed displeasure with the State for not complying with the direction to take Dallewal to hospital. The bench reiterated that its order was not to break the fast of Dallewal 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.

    Case Details: LABH SINGH v. K A P SINHA AND ANR. CONMT.PET.(C) No. 930-933/2024 in SLP(C) No. 6950-6953/2024;; STATE OF HARYANA AND ANR. v. UDAY PRATAP SINGH AND ORS, SLP(C) No. 6950-6953/2024; THE STATE OF HARYANA AND ANR. v. UDAY PRATAP SINGH AND ORS. SLP(C) No. 15407-15410/2024 [Shambhu border blockade]

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