Farmers Say Dallewal Would Take Medical Aid If Centre Is Ready For Talks : Punjab AG Informs Supreme Court

The Supreme Court today (December 31) granted more time to the Punjab Government to comply with the directions on giving medical aid to farmers' protest leader Jagjit Singh Dallewal, who is on a hunger strike.

A vacation bench comprising Justice Surya Kant and Justice Sudhanshu Dhulia posted the contempt petition filed against the Punjab Chief Secretary and DGP to January 2, 2024, for further hearing.                  

Punjab Advocate General Gurminder Singh informed the vacation bench of Justice Surya Kant and Justice Sudhanshu Dhulia that intervenors and negotiators had gone to the protest site. Efforts for compliance were made by mobilizing about 7000 personnel at the protest site, the AG said. However, he added that due to the Punjab Bandh held yesterday by farmers' organisations, there were traffic blockades and hindrances.  He further informed the bench about the protesters' proposal that Dallewal would take medical aid if the Centre was ready to talk to them.

"As per the negotiators, there is a proposal given by the farmers to the Central Government that if they get an invite for a talk, then Mr.Dallewal is ready to take medical aid as desired," AG said seeking further time for compliance.

"We will not comment on what is going on, about negotiations...If something happens which is acceptable to all sides, we are equally happy. As of now we are only concerned with the compliance of our orders," Justice Kant said. Solicitor General of India Tushar Mehta submitted that he has no instructions on the submissions made by the Punjab AG.

The bench dictated the order as follows :

"An application has been moved on behalf of the officers of the State of Punjab seeking an additional three days time for achieving the desired outcome, inter-alia for reasons which are listed in the application...Advocate General, while supporting the prayer, has made some additional oral submissions as well. Taking into the consideration the totality of circumstances and keeping the interest of justice in view, we are inclined to accept the request to afford some more time for compliance with the directions issued by the Court."

The bench also required the virtual presence of the Chief Secretary and DGP of Punjab on the next hearing date. They were virtually present today as well.

On December 28, the Court orally remarked that it was "absolutely unsatisfied" with the compliance report filed by the Chief Secretary of the Punjab Government and the Director General of Police (DGP Punjab) on the hospitalisation of Dallewal.

It should be noted that 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.

A vacation bench of Justices Surya Kant and Sudhanshu Dhulia, which has been hearing the matter, also orally expressed strong remarks against the farmers resisting the shifting of Dallewal as the affidavits filed by both State authorities plead that there could be a possibility of "collateral damage" of lives and property if Dallewal is moved from his current location.

As per the affidavits of the authorities, which Advocate General for the State of Punjab Gurminder Singh also pleaded, the farmers are in "siege" of the area and there are constant calls to the youth to join the protest site. The Court orally remarked that the Supreme Court is not impressed to see the "violent face of the so-called agitation".

While Singh has insisted that the Union Government should interfere and try to diffuse the situation, Solicitor General Tushar Mehta, although appearing for Haryana Government, has clarified the stand of the Central Government that their interference might deteriorate the situation further. 

The division bench is currently hearing a contempt petition for non-compliance with the Court's order dated December 20. On December 18, the Court recorded Singh's statement that Dallewal needed immediate hospitalisation. Therefore, his medical reports were filed before the Court. By the December 20 order, the Court stated that 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.

Case Details: LABH SINGH v. K A P SINHA., Diary No. 61011-2024