Farmers Protest | Saving Life Of Fasting Leader Dallewal Priority, It Shouldn't Be Dependent On Fulfilling Farmers' Demands: Supreme Court

In the matter related to farmers' protest at the border between Punjab and Haryana, the Supreme Court today asked Punjab authorities to swiftly tackle the health situation of farmers' leader Jagjit Singh Dallewal who is on fast-unto-death (at Khanauri border) since 20 days and clarified that the farmers can directly place their demands before the court instead of making representation to the High Powered Committee.

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, after Punjab Advocate General Gurminder Singh informed that pursuant to the last order, meetings were held between Punjab authorities, Union's representative and Mr Dallewal (and other farmers/leaders) and the court's concerns were brought to the latter's notice. However, Mr Dallewal refused to undergo medical tests/receive aid and the farmers declined to interact with the High Powered Committee (constituted by the Court).

The order was dictated thus: "we clarify that Court's doors are always open...any suggestion/demand charter by the farmers directly or through their authorized representative can be brought on record. It will be given due consideration alongwith discussion with all stakeholders...As regards to the medical aid to Mr Jagjit Singh Dallewal, ld. AG fairly submits that even as per the doctors, he is required to be hospitalized. That being the medical condition, we leave it upon state authorities to take necessary steps and ensure that medical aid, as per doctor's advice, is provided to Mr Dallewal without any delay..."

Underlining the value of human life (in this case - of farmers' leader Mr Dallewal), the Court cautioned Punjab authorities on the repercussions if anything untoward happens.

"There can't be any leniency. Do not delay it. He is a public personality, a non-political leader of the masses...he represents farmers' interests...Look at the very serious repercussions. The entire state machinery will be blamed...time is critical in this case...as an elected government and constitutional organ, you would not like to invite this blame that because of [...] something has happened", said Justice Kant. The remark was in response to the Punjab AG's submission that Mr Dallewal refused medical help saying that 700000 farmers' lives are more important to him than his own.

The judge further requested farmers to not act under peer pressure and called on them to take account of the health of their leader (Mr Dallewal), who needs to be healthy in order to be able to agitate the cause of masses. "So long as he is healthy, he is in a position to lead at the ground...for fighting their rights in future...there can be difference of opinion, that is what happens in democracy...but he needs to hale and hearty."

Notably, at one point, the Punjab AG requested for an assurance from the appropriate government that farmers' demands will be considered, suggesting that in the meantime, Punjab authorities would try to defuse the situation. In response, Justice Kant stated that the Court is not dependent on what any of the parties has to say on farmers' demands.

"We have constituted a Committee which is doing a commendable job...we thought the appropriate stage will come when we will impress upon different stakeholders to do something. That stage is yet to come. How, to what extent we will succeed, that is difficult to predict today. But definitely we will make an endeavor and whatever genuine demands are there, we will try to impress upon all the stakeholders that something should be done. But let it not be a pre-condition to save the life of Mr Dallewal", the judge said.

The matter has been listed tomorrow at 2 PM.

The Court was hearing Haryana'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 hold negotiations with the farmers who are protesting at the Shambhu border between the States of Punjab and Haryana.

During the last hearing, the Court asked the Committee to persuade the farmers to temporarily shift the protest venue and clear the National Highway for smooth traffic or temporarily suspend their agitation. In response, Member Secretary of the Committee, who was present in Court, assured that the Committee would take up the proposal in its very next meeting as a preliminary issue and file a report. The Court also expressed concerns about the health of farmers' leader Dallewal (on fast-unto-death) and said that he should be given medical aid, without forcing him to break the fast.

Case Details: The State of Haryana v. Uday Pratap Singh, SLP(C) No. 15407-15410/2024