The Supreme Court issued a stay on the Punjab and Haryana High Court’s order regarding the removal of protestors from the Chandigarh-Mohali road. This decision suspends the enforcement of the removal order, providing a temporary reprieve to the protestors. The stay highlights the ongoing legal debate surrounding the rights of protestors and the balance between public order and individual freedoms.
New Delhi: The Supreme Court stayed an order by the Punjab and Haryana High Court, which directed authorities to clear the Chandigarh-Mohali road blocked by protesting farmers. The bench, consisting of Justices BR Gavai, Satish Chandra Sharma, and Sandeep Mehta, issued a notice to the Punjab government and requested responses from the NGO that filed the plea, the Central Government, and the Chandigarh administration, among others.
The protests initiated by the Sanyukt Kisan Morcha (SKM), an umbrella organization representing various farmer unions, to push for several demands, including a legal guarantee for Minimum support price (MSP), debt write-offs, and pension for elderly farmers. The Centre indicated its support for the Punjab government’s stance during this matter. The Punjab and Haryana police have set up barricades to prevent farmers from entering Chandigarh, with three layers of security in place to maintain order.
Mehta emphasized that,
“Federalism remains paramount except in cases of corruption, noting the collaborative efforts of every state and the Centre during the Covid pandemic.”
Punjab’s advocate general Gurminder Singh urged for the stay of the high court order.” He also commented,
“The high court order should be stayed.”
In its orders dated April 9, concerning a series of public interest litigations, the High Court expressed that, despite numerous opportunities provided, neither the state of Punjab nor the Union Territory of Chandigarh managed to address the concerns of commuters in Chandigarh and SAS Nagar Mohali.
It stated that,
“Due to a small group of individuals sitting and obstructing the road, commuters and residents of the Tri-city are facing inconvenience, and this distressing situation persists.”
It noted that the Centre included as a party on October 9 last year in the case. Additionally, the Director General of Police, Punjab, also summoned in the matter nearly a year ago.
The court stated that,
“The use of the Guru Granth Sahib by some protestors to justify their actions does not give the State an excuse to avoid acting against those misusing religious sentiments.”
The high court also observed from the submitted photographs that “there is no large gathering.”
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The court observed,
“Although it’s widely known that rural protestors are busy with harvesting, making it an ideal time to clear the road blockage, the Punjab government and Chandigarh authorities are reluctant to act for reasons known only to them.”
In its interim decision, the court postponed further proceedings, expressing its hope that the administrations of Punjab and Chandigarh will consider the Supreme Court’s decisions on road protests.
The Supreme Court issued a ruling on a petition from the NGO, Arrive Safe Society, which argued that local residents and commuters have been experiencing undue harassment due to the ongoing protest/march on the Chandigarh-Mohali road since January 2023.
The protesters are demanding the release of Sikh prisoners, including Balwant Singh Rajoana, who convicted in the assassination of former Punjab Chief Minister Beant Singh, and Devinderpal Singh Bhullar, who convicted in connection with a 1993 Delhi bombing incident.
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