Today, On 19th July, The Supreme Court requested a response from the Punjab government regarding a petition that disputes the Punjab and Haryana High Court’s directive to clear protesters from YPS Chowk. This case involves the legal examination of protest management.
New Delhi: The Supreme Court on Friday instructed the Punjab government and other parties to respond to a petition challenging the Punjab and Haryana High Court‘s directive for the State of Punjab and the Union Territory of Chandigarh to remove protestors from the border of Chandigarh and Mohali at YPS Chowk.
A bench consisting of Justices BR Gavai, KV Viswanathan, and Nongmeikapam Kotiswar Singh issued a notice regarding the petition and grouped it with other similar cases.
The court requested responses from several entities, including Arrive Safe Society, the Punjab State government, Punjab’s Director General of Police, SAS Nagar Mohali’s Deputy Commissioner, and SAS Nagar Mohali’s Superintendent of Police.
The petitioner contends that,
“This Special Leave Petition challenges the order dated April 9, 2024, issued by the High Court of Punjab and Haryana at Chandigarh, which directed the State of Punjab and the Union Territory of Chandigarh to forcibly remove the protestors (petitioner group) from the location, falsely accusing them of encroaching and obstructing traffic flow between Chandigarh and SAS Nagar Mohali, despite contrary evidence.”
As interim relief, the petition seeks a stay on the enforcement of the April 9, 2024, order by the High Court of Punjab and Haryana. Filed by ‘Kaumi Insaaf Morcha’ through advocate Satya Mitra, the petition represents an unregistered group that has been conducting a non-violent and peaceful protest for over 1.5 years at YPS Chowk, on the border of Chandigarh and Mohali.
The protestors, organized by ‘Kaumi Insaaf Morcha,‘ discontented with the State of Punjab and the Union of India for ignoring their long-standing demands. They advocating for the release of Sikh prisoners who, despite having served their life sentences, have been incarcerated for over 20 years. The unregistered group, consisting of family members of these prisoners and other concerned citizens, initiated a sit-in protest demanding the release of these prisoners and the acceleration of hearings related to their premature releases, parole, and furloughs.
The petition highlights the emotional and sensitive nature of the demand for the release of Sikh political prisoners, emphasizing that the peaceful sit-in protest at YPS Chowk does not disturb public tranquility or violate the reasonable restrictions specified in Article 19(2) of the Indian Constitution.
The petition states,
“This longstanding demand for the release of Sikh Political Prisoners is a sensitive and emotional issue for the people of Punjab. The movement represents these demands through a peaceful sit-in that neither causes any disturbance of public tranquillity nor falls under the reasonable restrictions specified in Article 19(2) of the Indian Constitution,”
The protestors, organized under ‘Kaumi Insaaf Morcha,’ demand the State of Punjab and the Union of India expedite the cases for the premature release of Gurdeep Singh Khera, who has been imprisoned for over 31 years, and Devender Pal Singh Bhullar, who has been imprisoned for over 26 years. They also urge sympathetic consideration for the premature release of Lakhwinder Singh, Gurmeet Singh, and Shamsher Singh, each imprisoned for over 26 years, and Paramjit Singh Bheora, who has been imprisoned for over 23 years, citing their good conduct.
The petition calls for the urgent review and positive resolution of the cases for the premature release of Gurdeep Singh Khera, who has been in prison for over 31 years, and Devender Pal Singh Bhullar, who has been imprisoned for over 26 years.
It also requests the speedy conclusion of trials for Jagtar Singh Hawara, who has been in prison for over 25 years, and Jagtar Singh Tara, who has been incarcerated for more than 15 years.
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Additionally, the petition demands the transfer of Jagtar Singh Hawara from Delhi to Punjab, highlighting that he is neither a convict nor an undertrial in Delhi and is being held there illegally while his cases are in Punjab.
The petition urges the state government to engage the central government to enhance punishments for sacrilege cases. It asserts that the protestors’ demands are legal and that the sit-in protest began only after the respondent governments failed to acknowledge the Morcha’s demands.
Initially, the protestor group submitted a detailed memorandum highlighting the unjust and illegal incarceration of Sikh prisoners, who have remained in jail despite completing their sentences. The petition argues that the sit-in protest does not disturb public tranquillity and does not fall under the reasonable restrictions specified in Article 19(2) of the Indian Constitution.