SC orders aid to ailing farm leader, urges adoption of 'Gandhian' protest

Observing protesting farmers should adopt the Gandhian way, the Supreme Court on Friday ordered immediate medical aid to farmer leader Jagjit Singh Dallewal, whose health is deteriorating owing to his indefinite fast of over a fortnight at a Punjab-Haryana border.

A bench of Justices Surya Kant and Ujjal Bhuyan directed the Centre and Punjab government representatives to immediately meet Dallewal, who has completed over 17 days of fast.

"Farmers should not get violent and do peaceful agitation. They should adopt the Gandhian way of protests because their grievances are being looked into," the bench said after being informed that violent agitations had created problems at both the sites.

The court further asked to provide him with medical help and persuade him to break his indefinite fast saying his life was precious.

"It is the bounden duty of the state of Punjab and union of India to take all peaceful measures and provide adequate immediate medical aid to Dallewal without forcing him to break the fast, unless it is imperative to do so to save his life," the bench said.

The top court said it was harsh winters and the agitating farmers at Shambhu and Khanauri borders should not get violent and disrupt highway traffic.

The apex court said a high-powered committee constituted by it, which was stated to be doing a good job, would talk to the protesting farmers and make recommendations to the court which eventually be put to the stakeholders for a decision.

"We should not pass any order, which is very difficult to implement. It is the stakeholders, which will ultimately have to take a decision," the bench said.

The protesting farmers, it said, could temporarily shift the venue and clear the highways or perhaps even temporarily suspend the ongoing agitation with a view to enable the committee to make its recommendation followed by due consideration by the stakeholders.

It observed the member secretary (high-powered committee) was present in the court and had assured in its next meeting it would persuade the farmers in the light of the court's suggestions to temporary suspend the protest or shift to another venue.

The bench directed the committee to file a short status report to this effect.

During the hearing of the matter, one of the counsel handed over media reports where it was stated Dallewal, a senior citizen, was on an indefinite fast for the last 17 days and his health was deteriorating.

It directed, "In this regard the DGP, Punjab and his officers along with the representative of the Centre, if it helps in diffusing the crisis, may immediately meet Dallewal and other farmers leaders who are sitting at the dharna so as to convince them that the first priority as of now should be to provide the adequate emergent medical aid to Dallewal."  Justice Kant told solicitor general Tushar Mehta and Punjab advocate general Gurminder Singh to immediately do whatever was needed in this regard.

When Singh tried to highlight the issue of over 2,000 farmers surrounding Dallewal, the bench said Punjab government officials were on the ground talking to him, and therefore, efforts should be made to persuade him to end his fast.

"Your officers have direct access to him. They are in a position to have a direct dialogue and communication and even other farmer leaders who are sitting with him. They will also realise that the life of Dallewal is more precious than anything else," the bench said.

It went on, "Agitations will start, continue and then stop. In the future also there will be agitations but a person like him, who is providing them statesmanship, providing them leadership, his life is more important than anything else. As of now, all of them should join hands with you to ensure that his life is saved."  The bench indicated if a need arose, Dallewal could be shifted to PGIMER in Chandigarh or any other hospital in Patiala.

The court would look at the shifting of the farmer leader to a hospital on December 17.

Dallewal has been on an indefinite fast at the Khanauri border between Punjab and Haryana since November 26 to press the Centre into accepting the agitating farmers' demands, including a legal guarantee of minimum support price (MSP) on crops.

Farmers under the banner of Samyukta Kisan Morcha (non-political) and Kisan Mazdoor Morcha have been camping at Shambhu and Khanauri border points between Punjab and Haryana since February 13 after their march to Delhi was stopped by the security forces.

The Haryana government set up the barricades on the Ambala-New Delhi National Highway in February after it was announced that the farmers would march to Delhi in support of their demands, including legal guarantee of MSP for their produce.

In its interim report, a Supreme Court-appointed panel on farmers' grievances listed reasons for agrarian distress which among others include stagnant yield, rising costs and debts and inadequate marketing system.

The high-powered committee, constituted on September 2 under former Punjab and Haryana High Court judge Nawab Singh to resolve the grievances of farmers agitating at the Shambhu border, suggested solutions including examining the possibility of giving legal sanctity to MSP and offering direct income support.