Punjab and Haryana High Court criticises petitioners for approaching the court during the ongoing Punjab floods, urging them to wait for accountability. The Court directs the State to respond to PILs only after the flood situation is under control.
Chandigarh: The Punjab and Haryana High Court on Monday expressed strong concern over several litigants rushing to the court in the middle of the devastating floods in Punjab. The judges said that this was not the right time to seek judicial intervention while the government and agencies were still engaged in rescue and relief operations.
However, the Court reluctantly asked the State of Punjab to file its response, but only after the situation on the ground improves.
A Division Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry heard a series of Public Interest Litigations (PILs) related to the flood crisis.
The Bench observed that during such an emergency, accountability can be sought later, but for now, the authorities should be allowed to continue their work without distraction.
Chief Justice Nagu remarked during the hearing,
“Disaster relief teams are there, the Army is there, everybody is working hard. Please don’t cause any obstruction. The moment we issue a notice, some people will be pulled out of that disaster management and will have sit on a table to prepare a reply for these petitions. We don’t want that.”
The Court further underlined that there is always a proper time for accountability, but right now was not the right stage. It told the petitioners to let the authorities concentrate on flood management.
The Bench added,
“If you are ready to interfere in flood relief work, then go ahead. If you want rescue operation should be hindered, I will issue notice. Take that responsibility then. Is this the time to seek explanation? Please defer your insistence for at least when the crisis is over.”
When some petitioners pressed the Court to at least record certain observations about the situation, Chief Justice Nagu responded sharply, saying,
“You all even doubt the efforts of Army which is there. They are there in every district.”
Despite this, the petitioners’ counsels continued urging the Court to intervene. On this, Chief Justice Nagu pointed out,
“We will ask them [for response] because of your insistence. I would never have done it, given to me. At the the crisis time, there is something else which is required. It is surprising that none of you is coming forward and saying that please defer it.”
At that point, one of the petitioners chose to withdraw his PIL, which the Court permitted. For the remaining petitions, the Court gave limited directions. It stated that the Punjab government and its officials should file their response, but only after the flood crisis is under control.
The Court ordered,
“An earnest request was made by this Court to the petitioners to hold their hands till the crisis on the ground … is over but the petitioners insist that notice be issued. Instead of issuing notice, the Court directs the State of Punjab and its functionaries to file an affidavit but only after the crisis in the flood situation is over. List after five weeks.”
During the hearing, Punjab Advocate General Maninderjit Singh Bedi informed the High Court that the Supreme Court had already taken note of the flood situation in Punjab in a matter heard last week.
This order of the Punjab and Haryana High Court makes it clear that while the judiciary is not ignoring the crisis, it does not want to divert the attention of relief and rescue agencies by forcing them to respond to court cases in the middle of such a large-scale natural disaster.
The Court’s approach balances immediate relief work with later accountability once the emergency subsides.
Click Here to Read Previous Reports on Punjab Floods
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