The Supreme Court on Thursday (January 2) expressed strong displeasure with the Punjab Government for failing to shift farmers’ leader Jagjit Singh Dallewal to a hospital as per its earlier directions. Dallewal, who has been on a hunger strike since November 26 at the Khanauri border, is demanding statutory guarantees for Minimum Support Price (MSP) for crops.
Bench’s Observations
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan clarified that shifting Dallewal to a hospital would not compel him to break his fast. Instead, he could continue his hunger strike under medical care to ensure no harm to his life. The bench criticized the Punjab Government for creating the impression that the Court’s orders required Dallewal to abandon his protest, which reportedly contributed to his reluctance to seek medical aid.
Justice Surya Kant emphasized the Court’s intent, stating, “Shifting to the hospital does not mean he will not continue his fast. There are medical facilities which will ensure that no harm is caused to his life. His life is precious as a farmers’ leader.”
Court’s Reprimand to Punjab Officials
The Court accused Punjab state officers of deliberately misinterpreting the Court’s directions and spreading misinformation through media channels. Justice Kant stated that the government’s actions appeared to obstruct reconciliation efforts with the farmers, asserting that the State must persuade Dallewal to accept medical aid without coercion.
The Punjab Advocate General (AG), Gurminder Singh, informed the bench that the government negotiators had been attempting to convince Dallewal to seek medical attention. However, Dallewal reportedly insisted that he would only accept medical aid if the Centre intervened in the matter. Justice Kant pointed out that state officials and ministers had not made adequate efforts to resolve the issue and accused the State of harboring an attitude against reconciliation.
Concerns Over Public Statements
Justice Kant also condemned “irresponsible statements” made by certain individuals attempting to complicate the issue. He warned against opportunistic behavior and questioned the intentions of some farmers’ leaders involved in the matter.
“If the State fails, then the Union will,” Justice Kant warned, urging Punjab authorities to act swiftly and efficiently to handle the situation. The Court also reminded the State that logistical support from the Union Government could be sought if necessary.
Background of the Protest
Jagjit Singh Dallewal, a cancer patient suffering from other age-related ailments, began his hunger strike to demand a statutory guarantee for MSP and other farmers’ rights. The protest at the Shambhu border between Punjab and Haryana resulted in the closure of the border, disrupting movement between the two states.
In response to a plea by the Haryana Government seeking the reopening of the border, the Supreme Court had constituted a High-Powered Committee in September 2023 to mediate with the farmers. Despite efforts to resolve the issue, Dallewal’s hunger strike escalated tensions, with Punjab’s authorities struggling to balance enforcement of the Court’s orders and maintaining peace at the protest site.
Compliance Issues and Contempt Petition
The Supreme Court had earlier directed the Punjab Government to shift Dallewal to a makeshift hospital located 700 meters from the protest site or to a well-equipped hospital. However, a compliance report filed by the State indicated resistance from farmers and concerns over potential violence during the transfer. This led to the filing of a contempt petition against the State for non-compliance with the Court’s orders.
Union Government’s Role
The Court noted conflicting stances between the Punjab Government and the Union Government. While Punjab argued that the Union’s intervention could help diffuse the situation, the Union contended that such involvement might worsen tensions. On December 28, the Court directed the Union to provide logistical support to Punjab authorities if needed.
Fresh Petition by Dallewal
A fresh petition was filed by Dallewal through his next friend, raising broader concerns about farmers’ protests and the statutory guarantee for MSP. The Court directed that the petition be served on the Union Government for its response.
Next Hearing
The Supreme Court adjourned the matter to next Monday, emphasizing that the primary concern is Dallewal’s health and well-being. Justice Kant remarked that once Dallewal’s health was secured, the role of the High-Powered Committee to mediate between the farmers and the governments would become easier.
Case Details
Labh Singh v. K A P Sinha & Anr., CONMT.PET.(C) No. 930-933/2024
Guninder Kaur Gill, Next Friend of Jagjit Singh Dallewal v. Union of India, Diary No. 60793/2024
State of Haryana & Anr. v. Uday Pratap Singh & Ors., SLP(C) No. 6950-6953/2024
Bench: Justice Surya Kant and Justice Ujjal Bhuyan
This case highlights the ongoing complexities surrounding farmers’ protests and the need for collaborative efforts to address both individual and broader agricultural grievances.
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