Farmers Protest | "Efforts Should Be Made To Solve The Problem, States Should Identify Areas To Protest": Punjab & Haryana High Court

Amid the ongoing protest by farmers who are statedly marching towards Delhi in demand of a law guaranteeing MSP, the Punjab and Haryana High Court today called for an amicable settlement between the parties.A division bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji also asked the State governments to determine protest sites until then. Notices have been issued to Centre and governments of Punjab, Haryana and Delhi.The bench was hearing two PILs in relation to the protest. One assails Haryana government's decision to seal its borders in order to prevent the agitators from entering the State and moving to Delhi whereas the other PIL is against protestors, stating that they have unauthorisedly blocked state and national highways.During the hearing, Court said the protestors being citizens of India, have a right to move around freely in the country. However, in the same breath it added that State government also has the duty to protect its citizens and ensure that no inconvenience is caused to them."There has to be balance in fundamental right to speech and expression, none of the rights are in isolation. The cautionary should be kept in mind and issue should be resolved amicably...All parties in the present dispute should make efforts to sit down and solve the problem and area should be identified by states to protest," it observed.Central government counsel assured the Court that the Union government is open to negotitations so far as MSP is concerned.The matter is now listed on Thursday, February 15. States have been granted time to file a status report.The first petition is filed by Uday Pratap Singh, a Chandigarh based lawyer challenging the "obstructive actions" of the Central and State governments, including sealing of border between Haryana and Punjab and suspension of mobile internet services and bulk SMS in several districts of Haryana."Fundamental Rights allows exercise of liberty without censorship. But government has stopped the farmers...As per Mazdoor Kisan Sanghthan v. UoI, Art 19(1)(a) and (1)(b) confer rights to assemble peacefully. Legitimate dissent is distinguishing feature of democracy," Singh submitted during the hearing today.On the other hand, the second petition is filed by Arvind Seth, also a lawyer by profession, seeking directions to States, Union to ensure that all the National and State Highways and railway tracks falling in the State of Punjab and Haryana are not blocked by the farmer's protest and immediate action be taken against the said agitators, as per the provisions of National Highway Act, 1956."Thousands of vehicles are moving towards Delhi...nobody should be allowed to block the national highways. Public inconvenience cannot be allowed. People going to hospitals are suffering...There are specified places by govt where people can protest, but they cannot put public in inconvenience by moving anywhere to protest," Seth argued.Case Title: Uday Pratap Singh v. U0l & Ors.

Farmers Protest | "Efforts Should Be Made To Solve The Problem, States Should Identify Areas To Protest": Punjab & Haryana High Court

Aiman J. Chishti

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