'Farmers Have Never Entered Into Physical Confrontation' : Supreme Court Asks Punjab Govt To Ensure Health Of Dallewal Amid Hunger Strike

In the matter related to farmers' protest at the border between Punjab and Haryana, the Supreme Court today pulled up Punjab authorities over their insufficient efforts to tackle the health situation of farmers' leader Jagjit Singh Dallewal, who is on a fast-unto-death since last 21 days at the Khanauri border.

A bench of Justices Surya Kant and Ujjal Bhuyan re-emphasized that Punjab authorities shall ensure immediate medical assistance for Dallewal, without forcing him to break his fast. The matter is again listed tomorrow at 12:30 PM, when Punjab Advocate General Gurminder Singh will furnish medical test reports of Dallewal.

At the outset of today's hearing, the Punjab AG informed the Court that despite some initial resistance to medical help from the farmers' side, senior officials of the state had a meeting with Dallewal and have medical experts assisting him at the site. He further stated that off the protest site (about 100-200 metres away), a place called 'Haveli' has been converted into a hospital, which can provide all necessary facilities and ensure provision of requisite medical assistance to Dallewal.

Objecting to the same, Justice Kant queried as to how such make-shift hospital can suffice and whether the state authorities are in a position to take Dallewal there. In reply, the Punjab AG conceded that there is some difficulty, as the farmers have wielded their trolleys together to prevent Dallewal's transfer. "About 3000-4000 people who are gathered are resisting his transfer and they have wielded the trolleys together around his trolley so that no vehicle can enter", the AG said.

As the AG further claimed that as per doctors, Dallewal is otherwise alright, Justice Kant lost his cool and demanded the name of the doctor who was able to certify as to Dallewal's health without having the benefit of his reports (as Dallewal has refused to undergo tests like CT-scan, ECG, etc.).

"We first want him to be provided medical aid. Why that priority is being overlooked? We want to know about his health condition and all health parameters. That can only be after he is subjected to certain tests. Nobody should take us for granted. You people are saying his is alright, not the medical doctors! Doctors say he is refusing tests. You want civil/police officers to perform the duty of doctors? [How is a doctor] able to tell that a person who is sitting there from last 21 days on hunger strike, of the age of 73-75 yrs with serious [ailments]...you bring that doctor who gives guarantee that he is absolutely perfect."

The judge noted that when Dallewal has refused ECG test, the doctor cannot know the condition of his heart. "CT-scan, [test regarding] condition of cancer, etc...not a single test has been conducted! What kind of health certification your officers are giving?" remarked Justice Kant. In response, the AG assured that the tests would be done today and reports brought before the court tomorrow.

The Court was also informed that the Chief Secretary has issued a formal directive that every possible facility which is required shall be taken to Dallewal, wherever he may be.

Incidentally, the AG at one point raised apprehension about physical confrontation (if Dallewal is sought to be physically shifted) and ensuing casualties. Justice Kant objected strongly to the same, saying that the farmers are agitating peacefully and it is in fact the state officers who "concoct" such words.

"Tell your state machinery to be alive of their constitutional responsibilities. The farmers or their leaders have never entered into any physical confrontation. All these terminologies are concocted by your officers. They are sitting on a peaceful agitation", the judge exclaimed.

Justice Bhuyan, on his part, gave the example of Indian human rights activist Irom Sharmila, who went on a 16-year hunger strike for abolition of the Armed Forces (Special Powers) Act, 1958. The idea was to say that a hunger strike can continue under medical supervision, without having to eat/drink anything.

It may be mentioned that the Punjab AG also informed the Court that Dallewal is desirous of interacting with it directly (through virtual mode). In response to the same, Justice Kant said that the court is open to such interaction once the farmers' leader recovers and is of sound health. But first, Punjab government officers should try to convince Dallewal to undergo medical treatment at a hospital for a week, after which he can resume and till such time, some other leader can continue the agitation.

Background

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 latest hearings, 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