Farmers’ march: Petition filed in Punjab and Haryana High Court against sealing of borders, suspension of mobile internet services

Saurabh Malik

Chandigarh, February 12

The “unlawful sealing of the border between Haryana and Punjab, particularly at Shambhu near Ambala, to “prevent the farmers from exercising their constitutional right to assemble and protest peacefully”, has come under judicial scanner.

A city-based advocate Uday Pratap Singh on Monday moved the Punjab and Haryana High Court for issuance of urgent interim order to stay all “obstructive actions” of the governments of Punjab, Haryana and the Union of India, against the farmers’ “peaceful” protests. The petition filed in public interest will come up for hearing on Tuesday before the Bench of Acting Chief Justice G.S. Sandhawalia and Justice Lapita Banerji.

Among other things, the petitioner submitted that the action of the Haryana authorities, including the suspension of mobile internet services and bulk SMS in several districts, including Ambala, Kurukshetra, Kaithal, Jind, Hisar, Fatehabad and Sirsa, had further exacerbated the situation, depriving the citizens of their right to information and communication.

The petitioner added that the road blockade not only caused inconvenience to the residents, but also hampered the movement of pedestrians, ambulances, school buses, and other vehicles. The obstruction had also resulted in increased traffic on alternative routes causing delay and difficulties to the commuters, including professional such as advocate, doctors and those involved in emergency services.

The actions, coupled with unwarranted use of force and intimidation tactics by the police not only infringed upon the fundamental rights guaranteed under Article 19 (1) (A) and 21 of the Constitution of India, but also undermined the principles of democracy and the rule of law

“In a country guided by the rule of law, actions taken by the law enforcement authorities should be consistent with legal standards and respect Fundamental Rights in freedom. Implementing obstacle such as layers of nails, reinforce concrete walls, electrification and barbed wire fences and other such measures risk undermining the foundations of a democratic society governed by the rule of law, where respect for human rights and legal principle should prevail,” the petitioner added.