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
The bench said it is not keen to entertain a plea made by Haryana to stay the High Court's direction for a judicial probe by a retired judge into the death of a protesting farmer allegedly due to a bullet fired by the police.
At the end of the hearing, another counsel, representing the Haryana government, raised the issue with the constitution of the judicial committee. "Let the recommendations come….," said Justice Kant.
The counsel replied they have not been provided with the minutes of the meeting and somebody submits a video before the committee and that video can be from anywhere.
"And, from that video. The SP is asked to give his comments…from where that video is coming…," said the Haryana government counsel. The bench said the investigating agencies will collect the material, which is sometimes admissible, not admissible, or partially admissible, and the monitoring by a High Court judge will enhance its qualitative value of it.
Justice Kant said there are fake videos and it is better that Haryana's officers should examine it and they can inform the committee these are fake videos.
"Take it in that spirit…”, said the bench. The counsel said at that particular moment the force used was sufficient or not would be very difficult to determine.
"Let us see what the committee will say and then we will determine…," said Justice Kant, adding that on this question the committee will only give its opinion and determination will be by the High Court or by the apex court.
The bench directed 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 the partial reopening of the highway at the Shambhu border.
Earlier, the apex court had asked the Punjab and Haryana governments to suggest the names of some neutral personalities for setting up an independent committee to reach out to farmers protesting at the Shambhu border over their demands like a legal guarantee of MSP for their produce.
The top court passed the order while hearing the Haryana government's plea challenging the Punjab and Haryana High Court order asking it to remove within a week the barricades at the Shambhu border near Ambala where protesting farmers have been camping since February 13.
