Farmers Protest | 'Your Attitude Is There Should Be No Reconciliation' : Supreme Court Pulls Up Punjab Govt For Not Shifting Dallewal To Hospital

The Supreme Court on Thursday (January 2) expressed displeasure at the Punjab Government for not shifting farmers' leader Jagjit Singh Dallewal, who is on a hunger strike, to hospital in terms of the earlier directions.

A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan clarified that shifting Dallewal to hospital does not mean that he should break his fast and that he can continue his hunger strike under medical aid. The bench reprimanded the Punjab Government, saying that its attitude was against reconciliation, and stressed that the State must impress upon Dallewal that he can continue his fast under medical support.

Justice Kant expressed unhappiness that the Court's intentions were misinterpreted as a direction to stop Dallewal's hunger strike and blamed the media and the State officials for spreading the wrong impression.

When Punjab Advocate General Gurminder Singh informed the bench that the negotiators have been trying to persuade Dallewal to take medical aid, Justice Kant told him:

"Please explain one thing Mr.Advocate General. There appears to be a deliberate attempt in the entire media where your state govt officers are trying to create an impression that there is a persuasion by the court to Mr.Dallewal to break the fast. That's why he is probably reluctant. Our directions were not to break his fast. We only said that let his health part be taken care of and he can continue his peaceful protest even when he is hospitalised. You have to persuade him from this angle.  Shifting to the hospital does not mean he will not continue his fast. There are medical facilities which will ensure that no harm is caused to his life. That is our only concern. His life is precious as a farm leader. He is not aligned to any political ideologies and he is taking care of only the farmers' cause."

AG conveyed to the bench the stand of Dallewal that he would take medical aid only if the Centre was ready for talks. "We have tried to convince him to take medical aid as per your lordships' directions. Our people are on the site. He is of the firm opinion that he will definitely accept medical help subject to some intervention[of Centre]."

"Mr.Advocate General, not even a single time your officers have gone there, your ministers have gone there...please don't force us to say many things. Have you ever told them that we have constituted a committee for this purpose?" Justice Kant asked. AG answered in the affirmative, adding that the Committee has called the farmers for talks tomorrow.

"Your attitude is that there should be no reconciliation. That is the whole problem," Justice Kant said. AG clarified that the State is "all for conciliation".

"Once Mr.Dallewal's health part is taken care of, he can continue on fast, of course with the support of medical aid. Once we are satisfied that his life is not in danger, the role of the committee becomes easier..." Justice Kant said.

Justice Kant also lashed out against persons who were making "irresponsible statements" to complicate the issue. "There are people who are making irresponsible statements. We are aware. There are some so-called farmers leaders who are making irresponsible statements to complicate things. What are their bona fides is a matter to be looked into," Justice Kant said.

"If the State fails, then the Union will," Justice Kant warned. AG assured that the State will take steps. "If your officers are here, hope they have got the message," Justice Kant said. The Chief Secretary and DGP of Punjab were required to attend virtually today.

The bench ultimately posted the matter to next Monday. The Court also heard a fresh petition by Guninder Kaur Gill raising broader issues relating to farmers' protests. The bench directed that a copy of the petition be served on the Union Government.

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.

The Court was hearing an SLP filed by the Haryana Government is 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 this year due to farmers' protests, raising demands such as a statutory guarantee for the Minimum Support Price for crops. In September, 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, 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 it has been proposed by the farmers 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.

Also from today's hearing -Farmers' Protests | 'Why Can't Centre Make A Statement That Their Doors Are Open For Farmers?' Supreme Court Asks

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