Punjab govt must persuade fasting farmer leader Dallewal by Dec 31: SC

Expressing helplessness, the Punjab government said it is facing huge resistance from protesting farmers who have encircled Dallewal and are preventing him from being taken to hospital

The Supreme Court on Saturday came down heavily on the Punjab government for not shifting farmer leader Jagjit Singh Dallewal, who has been fasting for over a month, to a hospital even as it doubted the intention of the agitating farmers for resisting availability of medical aid to their septuagenarian leader.

 

In an unprecedented hearing, a vacation bench of Justices Surya Kant and Sudhanshu Dhulia, however, gave the Punjab government time till December 31 to persuade Dallewal to shift to a hospital, giving it the liberty to seek logistical support from the Centre, if the situation warrants.

 

Expressing helplessness, the Punjab government said it is facing huge resistance from the protesting farmers who have encircled Dallewal and are preventing him from being taken to a hospital.

 

 

The bench told Punjab Advocate General Gurminder Singh, "Who has allowed all this to happen? Who has allowed this fort to be constructed? How did this manpower reach the protest site periodically and systematically? We don't want to say much as it will aggravate the situation. So long as the gathering is there for the purpose of demands raised by farmers, it is understandable."

 

Justice Surya Kant added, "Peaceful agitation for the purpose of raising their demands, and voicing their grievances in a democratic manner is understandable. But gathering of farmers to prevent a person from shifting to the hospital, who requires immediate medical aid, is something which is completely unheard of."

 

Singh told the bench that a team of experts visited the protest site and tried to persuade Dallewal to shift to a hospital and take medical help.

 

"He (Dallewal) has refused any kind of medical aid, including (IV) drips, saying it will undermine the cause of the movement," he said, adding that any kind of forceful eviction from the protest site may lead to collateral damage, including casualties from both farmers and police.

 

The bench said the Punjab government did not do enough to contain the situation and pointed out that the farmer leaders who are not allowing Dallewal to be taken to a hospital are involved in the criminal offence of abetment to suicide.

 

Justice Kant told Singh perhaps it appears to the court that the state government itself does not want Dallewal to receive any medical aid.

 

"If there is resistance to a lawful action, you will have to deal with it the way the law enforcement agencies normally do. What appears to be the scenario is that Dallewal is refusing despite the fact that his health is not supporting him as he appears to be under some kind of peer pressure.

 

"There are some farmers leaders, we don't want to comment on their conduct. What kind of leaders are they if they are allowing him to die there? Please try to read in between the lines. Who are these people? Are they interested in Dallewal's life or do they want him to die there on the spot? Their intention is questionable," Justice Kant said.

 

The bench also termed the conduct of some farmer leaders accompanying Dallewal surprising and questionable.

 

"We don't want to comment on what kind of conduct they are exhibiting. Dallewal is one of the top farmer leaders of the state. Convince him (Dallewal) that even if you shift him to the hospital, you will not allow him to break his fast," the bench told Singh.

 

Coming down heavily on the farmers resisting to shift Dallewal to hospital, Justice Kant told the Punjab's top law officer that he needed to communicate to those resisting the shifting that they are not his well-wishers.

 

"They are actually depriving the leadership of a very precious farmer leader who has acted completely non-political and appears to be the undisputed leader of farmers' cause. Why are they resisting the providing of basic treatment to him?

 

"God forbid, if anything happens, who will be responsible? Have you ever seen a group of farmers which says if one of their colleagues requires medical aid, they will not allow him to be shifted (to hospital)," Justice Kant asked.

 

The bench also spoke to Punjab chief secretary and director general of police and said the court does not expect the state government to use unwanted force on the protesting farmers, but the officers on the ground are a better judge of the situation and they need to see what strategy needs to be adopted.

 

When Justice Dhulia sought suggestions on possible solutions to the issue, Singh said, "There is either conciliation or confrontation. Conciliation we have suggested. We have placed the letter of Dallewal that in case the Central government negotiates with the farmers, he will be persuaded to take medical intervention."

 

Justice Kant said the court also understands the political equation between the state government and the Centre, but right now the priority of the court is to provide medical aid to Dallewal.

 

"Don't try to put words in our mouth. We are aware of the political situation. This is a constitutional court and no pre-condition is acceptable to us," Justice Kant told the Punjab advocate general.

 

Dallewal has been on an indefinite fast at the Khanauri border point between Punjab and Haryana since November 26 to press the Centre to accept farmers' demands, including a legal guarantee of minimum support price for 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 security forces.