New Delhi:The Supreme Court on Monday said highways are not a parking space for tractors, trolleys, and other heavy machines while directing the police chiefs of both Punjab and Haryana to hold a meeting along with the SPs of adjoining Patiala and Ambala districts within one week for a partial reopening of the highway at the Shambhu border. The protesting farmers have been camping at the border since February 13 this year.
A bench comprising Justices Surya Kant and Ujjal Bhuyan appreciated that the Haryana and Punjab governments have submitted a list of names of apolitical persons who could be included on the panel proposed by the apex court to hold negotiations with the farmers’.
During the hearing, Solicitor General Tushar Mehta, representing the Haryana government submitted that there is a matter where a judicial body is supervising an investigation and one of the subject matters assigned to them is: whether the action against farmers could have been done by lesser police force?
Mehta stressed that this can not be a subject matter of a kind of judicial enquiry and this demoralises the police. "Sometimes strengthen their hands also, sometimes...," said the bench. Mehta said this was an unprecedented situation and opposed the direction to the committee to examine if the force used by the police was proportionate.
Punjab Advocate General Gurminder Singh said it is a six-lane highway and one lane on each side could be opened on an experimental basis with whatever riders the court is willing to impose. The bench said it is keen to constitute a committee to hear the viewpoints of all stakeholders and then take a holistic view.
"Why should we not persuade those farmers to remove tractors and trolleys from their side (on the highway). Because highways are not a parking place for (these heavy vehicles)…," said Justice Kant.
The bench said the partial opening of the road at Shambhu order is needed to facilitate the movement of ambulances, essential services, senior citizens, women, girl students and the local commuters of adjoining areas. Punjab's counsel said this is an arterial road and the blockade is choking the entire state. "Can this committee's remit be first to tell them (farmers') let this road be cleared and we will discuss everything…," said Mehta.
Justice Kant said the Punjab government should persuade farmers to remove all the tractors and added, “Nobody wants the farmers to be isolated…”. The bench stressed that both state governments should have a dialogue regarding the partial opening of the highway and noted that both Haryana and Punjab have suggested a few names for the purpose of the constitution of the committee.
"We will pass a brief order on the terms of the panel to be constituted for talking to protesting farmers at the Shambhu border," the bench said, scheduling the matter for further hearing next week.
Judicial probe to examine whether the force used by the police was proportionate