Persuade Farmers to Either Temporarily Suspend Their Protest Or Relocate It From Highway, SC Asks Committee

SC asked court-appointed high-powered panel to engage with protesting farmers to persuade them to either temporarily suspend their protest or relocate it from the highway.

New Delhi:The Supreme Court on Friday asked the court-appointed high-powered panel to engage with protesting farmers to persuade them to either temporarily suspend their protest or relocate it from the highway along the Punjab-Haryana border.

The apex court also voiced serious concerns regarding the deteriorating health of Jagjit Singh Dallewal, a Punjab farmer leader on a fast-unto-death protest for over 17 days, and stressed that the well-being of the farmer leader remains a top priority.

The matter came up before a bench comprising Justices Surya Kant and Ujjal Bhuyan. The bench said that the farmers have a constitutional right to protest and stressed that it be conducted peacefully on the lines of “Gandhian philosophy”, and the protest should not get violent and public order should be maintained. The bench stressed that no force should be used against the farmers and they should also agitate peacefully, and added, "peace must be maintained".

"Our strong recommendation is that do not use any force…we will request farmers also be counselled not to get violent or agitated. It should be a peaceful demonstration and it is basically based on Gandhian philosophy…peaceful agitation is fine," said Justice Kant.

Punjab's advocate general Gurminder Singh said the committee, in its report, has gone on a larger perspective. "We thought the blockade of the highway was for a reason. We wanted that reason to be identified….cause may be partly correct or partly incorrect. Cause may be 100 per cent correct, something like that. The experts have to look into all those aspects and submit a comprehensive report, which might enable stakeholders to take appropriate decision," said Justice Kant.

The bench made it clear that it is not inclined to issue a direction which becomes impossible to implement, and added, " therefore we will ask stakeholders to examine".

The bench instructed representatives from both the Centre and the Punjab government to urgently meet Dallewal, provide medical aid, and convince him to end his strike. The bench said it is important to preserve his life and it should remain a top priority. The bench asked the Solicitor General Tushar Mehta and Gurminder Singh to avoid using force against Dallewal unless absolutely necessary for his survival.

Singh submitted that the farmers' blockade of major highways, including the arterial Khanauri-Shambhu stretch, has resulted in economic disruption for the state and stressed, "finances of the state are suffering….".

The bench said the blockade of the highway is for a reason, and emphasised that it wants to identify the cause and resolve it. The bench said the primary task of the committee is to convince the farmers to either shift or suspend their agitation pending decisions of the governments.

Justice Kant said, "The committee might be best to convince the farmers that their issues are being looked into for the time being they should suspend. We are not saying that they should withdraw. They have a legitimate right (to protest)". The bench added that if nothing materialises the agitation can resume.

On the aspect of Dallewal's health, the bench said a senior has been on a hunger strike since November 26, demanding MSP legalisation, and stressed that the Punjab government and the Centre must ensure 24/7 medical assistance for him. The bench urged the governments to prioritise a direct dialogue with Dallewal and other farmer leaders. “Don’t force him to break his fast but do everything possible to protect his life,” said Justice Kant. Mehta said he was concerned about his life.

The court-appointed committee is chaired by retired High Court judge Justice Nawab Singh. The committee has been tasked with mediating between the farmers and the government.

On December 2, the top court said in a democratic setup, engage in peaceful protests and deter from causing inconvenience to people, while asking Punjab farmer leader Jagjit Singh Dallewal, to persuade the protesting farmers to refrain from obstructing highways and causing inconvenience to people.

Farmers have been camping at Shambhu and Khanauri border points between Punjab and Haryana since February 13 after they were stopped by security forces.

Besides a legal guarantee for MSP, the farmers are demanding implementation of the Swaminathan Commission's recommendations, pension for farmers and farm labourers, farm debt waiver, reinstatement of the Land Acquisition Act, 2013 and compensation to the families of farmers who died during a previous agitation in 2020-21.

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