Today, On 28th December, The Supreme Court criticized the Punjab government over the handling of farmer leader Jagjit Singh Dallewal’s health, who is on a fast unto death. The court remarked, “You’re creating a problem and then claiming helplessness,” after being informed that farmers were preventing his hospitalisation. The bench expressed concern over law and order and labelled the situation unprecedented. It also warned that obstructing medical aid could amount to a criminal offense.
New Delhi: The Supreme Court expressed concerns regarding the Punjab government’s management of the ongoing farmers’ protest, particularly focusing on the health condition of farmer leader Mr. Dallewal.
A bench of Justices Surya Kant and Himashu dhulia heard the case, today.
During the proceedings, Punjab’s Advocate General (AG) informed the court that Mr. Dallewal had refused medical assistance.
The AG noted, mentioning that Mr. Dallewal believes that medical intervention would undermine the movement,
“Our Speaker visited him to show solidarity, but efforts to persuade him have failed,”
In reaction, the Supreme Court voiced strong disapproval, suggesting that the government’s actions seemed to support the current situation.
The bench questioned,
“This seems like you’re endorsing his presence there. The demands of Mr. Dallewal and the farmers are different. Judicial consideration will address these demands, but why this insistence?”
The Punjab AG, referencing an affidavit, explained the government’s stance, saying,
“Farmers are maintaining strict vigilance at the protest site. Any attempt to move Mr. Dallewal could escalate tensions.”
However, the court countered this argument, raising serious concerns about law and order.
The bench inquired,
“Who allowed this to happen? Who permitted such a manpower fort to be built there? What about the law and order machinery?”
Justice Surya Kant highlighted the unusual nature of the situation, stating,
“A peaceful farmers’ gathering for agitation is understandable. But a gathering to prevent someone from being taken to the hospital? That’s unprecedented!”
The Bench remarked that preventing medical assistance could be seen as abetment of suicide,” categorizing it as a criminal offense.
Justice Dhulia added,
“You’re creating a problem and then claiming helplessness,”
The court’s remarks emphasize the seriousness of the situation and the necessity for a balanced approach to address the farmers’ concerns while ensuring public safety and compliance with the law.
Punjab Advocate General Gurminder Singh stated that a medical board consisting of eight doctors has been monitoring the health of the farmer leader. He noted that efforts were made to persuade Dallewal, as mentioned in the compliance report.
The court also inquired why charges should not be brought against the Chief Secretary and the Director General of Police.
In its ruling, the Supreme Court expressed dissatisfaction with the Punjab government’s compliance efforts regarding its earlier directive but granted additional time for the state to take necessary actions. The court also called on the Centre to offer the needed support.
The court remarked,
“There is a glorious past of Punjab, and they have dealt with these kinds of situations in a better way. We are equally concerned and are with the people of Punjab, but we are more concerned with the life of the farmer leader,”
The case scheduled for a further hearing on December 31.
The court had previously criticized the Punjab government for not conducting medical tests on Dallewal, who is on an indefinite fast. Dallewal has been fasting at the Khanauri border since November 26 to urge the Centre to meet the farmers’ demands, including a legal guarantee for minimum support price (MSP) for crops.
Farmers, under the banners of Samyukta Kisan Morcha (non-political) and Kisan Mazdoor Morcha, have been camped at the Shambhu and Khanauri border points since February 13 after their march to Delhi was obstructed by security forces.
The Haryana government set up barricades on the Ambala-New Delhi National Highway in February, following the announcement of the farmers’ march to Delhi in support of their demands, including a legal guarantee of MSP for their produce.
The Farmers’ Protest in India, which began in late 2020, was a massive movement by farmers opposing three agricultural laws introduced by the government. Farmers believed these laws favoured large corporations, posed a threat to their livelihoods, and undermined the Minimum Support Price (MSP) system.
The protest witnessed significant participation, especially from Punjab, Haryana, and Uttar Pradesh, with farmers organising sit-ins at Delhi’s borders for over a year. Despite facing hardships like extreme weather and political resistance, the protest became a symbol of determination and solidarity, eventually leading to the repeal of the contentious laws in November 2021.