'Unheard Of': Supreme Court On Farmers Gathering To Resist Shifting Of Farmers Leader Dallewal; Seeks Compliance Report Again On December 31

The Supreme Court today (December 28) recorded "unsatisfaction" with the compliance report filed by the Chief Secretary of State of Punjab and Director General of Police regarding the hospitalisation of farmers' leader Jagjit Singh Dallewal. In the affidavit, it has been stated that if the evacuation of Dallewal is not peaceful considering that the farmers are resisting his shifting, there would be "collateral damage" in terms of the loss of lives and property.Dallewal has been on a fast-unto-death since November 26 at the Khanauri border, demanding the Union Government to accept the demands of farmers including a statutory guarantee for Minimum Support Price for crops. Apart from being a cancer patient, Dallewal suffers from age-related ailments. The Court will now again hear on the compliance on December 31. It has today ordered the Union Government to provide logistic support, if needed by the Punjab Government to deal with Dallewal's situation at hand. A vacation bench of Justices Surya Kant and Sudhanshu Dhulia yesterday issued notice in a contempt petition filed against the Punjab Chief Secretary and the Punjab Director General of Police for non-compliance with the Court's order dated December 20 to provide immediate medical aid to Dallewal.By an order dated December 18, the Advocate General for the State of Punjab Gurminder Singh had informed the Court that Dallewal requires immediate hospitalisation. Subsequently, his medical reports were filed before the Court in which it was observed that his condition was deteriorating. On December 20, the Court stated that the Punjab authorities could decide whether to shift Dallewal to the makeshift hospital (temporary hospital, which is said to have been set up at a distance of 700 meters from the site) or to any other well-equipped Hospital.A fresh medical report about the stability of the health of Dallewal, along with the necessary steps taken meanwhile to prevent any irreversible damage to his health, were to be filed by the Chief Secretary, Punjab as well as the Chairperson of the Medical Board constituted to monitor the health condition of Dallewal on the reopening of the Court on January 2. However, the Court had to hear the contempt petition alleging that the Punjab State is not doing enough to ensure that Dallewal is given adequate medical aid. The Court then passed an order seeking compliance with its orders. Today, when the Court took up the two affidavits filed by the Punjab State authorities, it found that the stand of the authorities is that there would be "collateral damage" if Dallewal is shifted to the hospital. The affidavits state that Dallewal has refused any medical intervention as it would "undermine" the movement's cause. Further, it was stated that areas where the agitation is going on are under "siege" by the farmers protesting as they have welded the tracker trolley together forming a strong encirclement of the area where Dallewal is lodged. On one occasion, Dallewal was evacuated from the protest site on 25-26 November and taken to Dayanand Medical College for 3 days, this alerted the farmers that there could be a similar evacuation in future. There have been calls to the youth to join the protest side, where the number of farmers has now reached up to 3000.Singh reading the two affidavits to the Court, stated: "All efforts to persuade him remains unsuccessful."However, Justice Kant orally expressed that affidavits rather show that the State is "supporting" Dallewal's cause to remain on hunger strike. Justice Kant said: "Who has allowed all this to happen? Who has allowed this fort to be constructed, this manpower to reach this periodically and systematically?...So long as the gathering is there for the purpose of the demands raised by farmers, it is understandable. That is peaceful agitation for the purpose of raising their demands, and voice in a democratic manner..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.""This is actually abetment to suicide...You first create a problem and then take a plea, now that there is a problem we cannot do anything," Justice Dhulia added. Reportedly, the gathering of the farmers happened after the Punjab and Haryana High Court's directed unblocking of the Shambhu Border between the States of Punjab and Haryana. The border was closed in February this year due to farmers' protests.When Singh responded that they were in fact "helpless and saddled" with this problem, Justice Kant remarked: "Do you want us to record your statement that you are helpless? A state machinery expressing helplessness, what are the consequences? You are a constitutionally elected Government..." DGP and Chief Secretary requested the Court that the State needs to consider factors such as the resistance of farmers' leaders while meaning to shift Dallewal to the hospital as there would be "collateral damage". On this,...

'Unheard Of': Supreme Court On Farmers Gathering To Resist Shifting Of Farmers Leader Dallewal; Seeks Compliance Report Again On December 31

Gursimran Kaur Bakshi

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