Shambhu Border Blockade | 'Resolve Farmers Protest Amicably' : Supreme Court Gives Time To Punjab & Haryana To Propose Names For Committee

The Supreme Court on Friday (August 2) adjourned the hearing of Haryana's plea against Punjab and Haryana High Court's direction to unblock the Shambhu Border giving time to the States of Haryana and Punjab to suggest the names of neutral persons who can be included in a committee to negotiate with the protesting farmers.The bench of Justices Surya Kant and R Mahadevan emphasized the need to inspire confidence in the farmers and called upon the states of Haryana and Punjab to suggest names of neutral personalities who could constitute the committee for resolution of farmers' grievances."We want a very smooth beginning in terms of dialogue...please think of names who are not...there are very good, very seasoned practical personalities in the country who have experience to their credit...and they know the in and outs of the problem...please thing of some neutral personality. It will inspire more confidence in the farmers. They keep on saying that judges should also be involved, judges are not experts...but there are former judges, and there can be members from the bar. Try to resolve it," orally observed Justice Kant.The matter was re-listed on August 12, on an assurance by Solicitor General Tushar Mehta and Punjab Advocate General Gurminder Singh that the exercise of suggesting common names for the committee would be undertaken. In the meantime, the court directed that the interim arrangement (status quo of the Shambhu border blockade) shall continue.The hearing commenced with SG Mehta informing the court that in terms of its last order, steps were being taken to suggest names for the constitution of a committee. Following this, a prayer was made by the Punjab AG that some relief may be given to vehicles permitted under the Motor Vehicles Act (this was in the context of the SG's earlier submission that protesters can't be allowed to enter with tractors and JCBs as these vehicles are prohibited on a National Highway).The same was objected to by SG Mehta, saying that Punjab cannot make such a proposal on behalf of the farmers. Trying to impress upon the parties that the issue should be resolved amicably, Justice Kant suggested to the AG :"Nobody should precipitate the situation...You do not need to hurt their sentiments...But as a state when you go...with a statesmanship...you try to persuade them (farmers) that as far as the tractors are concerned, machines are concerned, other agricultural equipments are concerned...let those be taken to a place where they are required".The judge added: "In a democratic setup, yes, they have a right to voice their grievances...those grievances can be at that place also, if they want to make a representation...they (Punjab) will not object to that."At this point, the SG averred that the State of Punjab cannot plead on behalf of farmers that the vehicles be allowed. "Farmers can say, [but] farmers are not appearing...before High Court also they did not, despite issuance of notice", he said.Subsequently, respondent-Uday Pratap Singh (who was the petitioner before the High Court) added that the border needs to be opened, at least for access to emergent services across the states. To that extent, the bench agreed. Justice Kant orally said that an ambulance carrying patients or a car carrying senior citizens cannot be prevented.The bench suggested that in such emergent cases, the police personnel deployed on both sides (Haryana and Punjab) can coordinate amongst themselves so that the vehicles are allowed to pass.Ultimately, as the counsels expressed that by the next date, they would come up with common names for the committee, the matter was adjourned.To recap, the impugned order directed Haryana government to unblock Shambhu border, which was closed in February this year to prevent the movement of protesting farmers from Punjab to Haryana. Against this order, the State approached the top Court. Previously, the Court had expressed an intention to form a committee of independent persons which can negotiate with the farmers protesting at the border and the governments, to find a resolution to the issues. To this effect, the Court had asked the States of Punjab and Haryana to suggest names of suitable individuals who could be included in the committee. An order was passed after the Court orally observed that it appeared to be a case of "trust deficit" between the government and the protesting farmers. "Have you taken any initiative to negotiate with the farmers? Your ministers might go to the farmers without realising the local issues. There is a trust deficit. Why don't you have some neutral umpires? There have to be confidence-building measures." At the same time, the Court also directed that status quo be maintained by both the States at the protest site to "prevent the flaring up of the situation at the Shambhu border." Background Haryana Government closed the Shambhu border in February during a farmers' protest to restrict the protesters from ...

Shambhu Border Blockade | 'Resolve Farmers Protest Amicably' : Supreme Court Gives Time To Punjab & Haryana To Propose Names For Committee

Debby Jain & Gyanvi Khanna

The Court orally suggested that a modality should be evolved by both the States to allow the passage of emergency vehicles.

Tags