Punjab and Haryana High Court Emphasizes- Use of Force as Last Resort in Farmers Protest

The Punjab and Haryana High Court was considering two petitions related to the ongoing farmers protest at the borders of Delhi, Punjab, and Haryana. High Court encouraged a peaceful resolution to the farmers protest, emphasizing the need to balance protesters freedom of expression with citizens protection. Farmer associations have organized the protest to demand legislation for Minimum Support Price.

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Punjab and Haryana High Court Emphasizes- Use of Force as Last Resort in Farmers Protest

The Punjab and Haryana High Court has called for an amicable resolution to the dispute, emphasizing that the use of force should only be considered as a last resort. The bench, comprising Chief Justice GS Sandhawalia and Justice Lapita Banerji, underscored the importance of balancing fundamental rights with the state’s duty to protect its citizens and ensure public convenience.

The court’s remarks came during the hearing of two petitions related to the farmers’ protests. One petition challenged the Haryana government’s decision to block roads to prevent protesters from entering Delhi, while the other raised concerns about the impact of the protests on the daily lives of people due to the blockade of national highways.

Highlighting the need for a balanced approach, the bench stated,

“There has to be balance in the fundamental right to speech and expression. None of the rights are in isolation. The cautionary should be kept in mind and the issue should be resolved amicably. All parties in the present dispute should make efforts to sit down and solve the problem and the area should be identified by states to protest.”

This observation reflects the court’s stance on the importance of dialogue and negotiation in resolving conflicts, especially those involving fundamental rights and public welfare.

The farmers’ protests, primarily led by associations from Uttar Pradesh, Haryana, and Punjab, have been a focal point of national attention. The protests, which intensified on February 13, saw farmers from various villages in Punjab and Haryana converging towards the national capital, equipped with essentials for a prolonged demonstration. Their primary demand is the enactment of a law guaranteeing Minimum Support Price (MSP) for their produce, a contentious issue that has sparked widespread mobilization and debate.

In response to the unfolding situation, the court also issued notices to the Centre and the governments of Punjab, Haryana, and Delhi, directing them to identify designated sites for protests. This move aims to facilitate peaceful demonstrations while minimizing inconvenience to the public and ensuring the safety and security of all stakeholders.

Punjab and Haryana High Court Emphasizes- Use of Force as Last Resort in Farmers Protest

The next hearing, scheduled for February 15, is eagerly awaited by all parties involved, as it could provide further direction on the resolution of the dispute and the management of protests. The court’s emphasis on amicable settlement and the recognition of both the protesters’ rights and the state’s responsibilities highlight the complex interplay between civil liberties and governance in a democratic society.

As the situation evolves, the focus remains on finding a peaceful and constructive solution to the farmers’ grievances, with the judiciary playing a crucial role in mediating the dialogue between the protesters and the government. The outcome of the upcoming hearing could set important precedents for the handling of similar protests in the future, underscoring the judiciary’s role in upholding fundamental rights while ensuring public order and welfare.

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Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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