'Unheard Of': Supreme Court On Farmers Gathering To Resist Shifting Of Farmers Leader Dallewal; Seeks Compliance Report Again On December 31

A fresh medical report about the stability of the health of Dallewal, along with the necessary steps taken meanwhile to prevent any irreversible damage to his health, were to be filed by the Chief Secretary, Punjab as well as the Chairperson of the Medical Board constituted to monitor the health condition of Dallewal on the reopening of the Court on January 2. However, the Court had to hear the contempt petition alleging that the Punjab State is not doing enough to ensure that Dallewal is given adequate medical aid. The Court then passed an order seeking compliance with its orders. 

Today, when the Court took up the two affidavits filed by the Punjab State authorities, it found that the stand of the authorities is that there would be "collateral damage" if Dallewal is shifted to the hospital.

The affidavits state that Dallewal has refused any medical intervention as it would "undermine" the movement's cause.

Further, it was stated that areas where the agitation is going on are under "siege" by the farmers protesting as they have welded the tracker trolley together forming a strong encirclement of the area where Dallewal is lodged. On one occasion, Dallewal was evacuated from the protest site on 25-26 November and taken to Dayanand Medical College for 3 days, this alerted the farmers that there could be a similar evacuation in future. There have been calls to the youth to join the protest side, where the number of farmers has now reached up to 3000.

Singh reading the two affidavits to the Court, stated: "All efforts to persuade him remains unsuccessful."

However, Justice Kant orally expressed that affidavits rather show that the State is "supporting" Dallewal's cause to remain on hunger strike. Justice Kant said: "Who has allowed all this to happen? Who has allowed this fort to be constructed, this manpower to reach this periodically and systematically?...So long as the gathering is there for the purpose of the demands raised by farmers, it is understandable. That is peaceful agitation for the purpose of raising their demands, and voice in a democratic manner..But gathering of farmers to prevent a person from shifting to the hospital, who requires immediate medical aid, is something which is completely unheard of."

"This is actually abetment to suicide...You first create a problem and then take a plea, now that there is a problem we cannot do anything," Justice Dhulia added. 

Reportedly, the gathering of the farmers happened after the Punjab and Haryana High Court's directed unblocking of the Shambhu Border between the States of Punjab and Haryana. The border was closed in February this year due to farmers' protests.

When Singh responded that they were in fact "helpless and saddled" with this problem, Justice Kant remarked: "Do you want us to record your statement that you are helpless? A state machinery expressing helplessness, what are the consequences? You are a constitutionally elected Government..." 

DGP and Chief Secretary requested the Court that the State needs to consider factors such as the resistance of farmers' leaders while meaning to shift Dallewal to the hospital as there would be "collateral damage".

On this, Justice Kant said: "If there is resistance to a lawful action, you will have to face it and meet it with whatever the law enforcement agencies do it normally...What appears to be the scenario is that Dallewal is refusing despite the fact that his health is not supporting him..he appears to be under the peer pressure. There are some farmers leaders, we don't want to comment on their conduct. What kind of leaders are they if they are allowing him to die there? Please try to read in between the lines. Who are these people? Are they interested in Dallewal's life or do they want him to die there at spot? Their intention is questionable. We don't want to comment on what kind of conduct they are exhibiting...Even if you shift him to the hospital, you can assure Dallewal that you will not allow him to break his fast.

A person with medical aid can also continue that. You need to communicate to those resisting the shifting of Dallewal to hospital that they are not his well-wishers. They are depriving the leadership of a very precious farmer leader who has acted completely non-political and he appears to be the undisputed leader of farmers' cause. Why are they resisting the providing of basic treatment to him?...God forbid, if anything happens, who will be responsible?...Have you ever seen a group of farmers which say if one of their colleagues require medical aid, that they will not allow to shift?."

Justice Kant addressed Singh that it must be conveyed to the farmers that the Supreme Court is not impressed to see the "violent face of the so-called agitation".

When Justice Dhulia pressed for the solution to the present issue, Singh said: "There is either conciliation or confrontation. Conciliation we have suggested. We have placed the letter of Dallewal that in case the Central Government negotiates with farmers, he will be persuaded to take medical intervention."

However, Justice Kant responded: "No [pre]condition is acceptable to the Court."

As for the stand of the Union Government, they have maintained that their intervention can deteriorate the situation further. However, the State of Punjab has maintained a contrary stand that the Union's intervention might actually help pacify the situation.

Justice Dhulia however continued to press that the Union Government must do something to diffuse the situation as the Court is "absolutely unsatisfied" with affidavits filed by the Chief Secretary and DGP as it "explains nothing" about the situation.

Singh requested that some more time be given to work on the modalities. Considering this, the Court granted time till December 31 to hear on compliance.  

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