Last Updated on August 5, 2024 by NewsDesk SLC
The bench of justices Surya Kant and R Mahadevan emphasized the importance of building trust and confidence among farmers for the resolution of farmer’s grievances.
Accordingly, SC on 2nd August postponed the hearing of the Shambhu blockade and gave Haryana and Punjab time to propose names of neutral individuals who would form a committee to negotiate with protesting farmers
The matter was re-listed for hearing on 12 August when Solicitor General Tushar Mehta and Punjab Advocate General Gurminder Singh assured the court they would suggest common names for the committee and meanwhile,
in the meantime, the Shambhu border blockade shall continue
In the last order, steps were being taken to propose names for the constitution of the committee to engage with protesting farmers and find a resolution. Along with prayer was made by Punjab Advocate General Relief for vehicles permitted under Motor Vehicle act
Solicitor General Tushar Mehta objected, saying that Punjab proposed a solution related to tractors, machines, and other agricultural equipment used by protesting farmers
Justice Kant suggested to AG:
No one should make the situation worse or more tense and you do not need to hurt them. It is essential not to offend or upset anyone during discussions
The Court acknowledges that farmers have the right to express their grievances that can be presented at the protest site itself Punjab does not object to this representation
Justice Kant said that the border should be opened for access to emergent services like ambulances carrying patients and vehicles with senior citizens cannot be prevented from crossing. The bench suggested police personnel on both sides should coordinate to allow emergency vehicles to pass.
The court observed a trust deficit between the government and protesting farmers.
The state of Punjab cannot advocate on behalf of farmers regarding vehicle permissions. Despite notice, farmers have not appeared before the HC
Same time, the court directed both states must maintain the status quo at a protest site from flaring up of the situation at the Shambhu border
BACKGROUND
The Haryana government closed the Shambhu border in February during protests to prevent protesters from entering Haryana. Subsequently, a PIL requested to open the border for the general public and whoever was providing essential commodities to Ambala.
additional advocate general for Haryana Deepak Sabharwal argued that protesters were still sitting on the Punjab side of the highway, they may enter Ambala and do gherao at SP’s office
The court responded to this by saying: that men in uniform shouldn’t be afraid of them. As we are living in a democratic system cannot be stopped from entering Haryana let them do…gherao
In the July 10 order, HC recognized the importance of the Shambhu border for citizen’s movement between Punjab, Haryana, Delhi, and Jammu and Kashmir. It caused inconvenience due to the closure of the border
The division bench of HC directs both states to restore the highway to its original state, maintain law and order
In addition to this, the highway had been closed for preventive reasons by the Haryana government for 5-6 months. Further, the court directed the Kisan union to ensure it abides by law had restrained from passing any order.
Also mentioned was that another SLP (special leave petition) was filed by Haryana opposing the Punjab and Haryana court’s order for a judicial inquiry into the death of farmer Shubhkaran Singh. This matter currently awaiting consideration by the Supreme court
Case Details: THE STATE OF HARYANA VS. UDAY PRATAP SINGH., DIARY NO. – 30656/2024
written by: Kirti Sharma
