Supreme Court: Highways not parking space, reopen Shambhu border partially
Satya Prakash
Tribune News Service
New Delhi, August 12
The Supreme Court on Monday ordered the DGPs of Punjab and Haryana, along with the SSPs and DCs of Patiala and Ambala, to hold a meeting within one week for partial opening of the Shambhu border where farmers have been camping since February.
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Needn’t wait for order
If both sides are able to resolve modalities, they need not wait for any order from the court and let such resolution be directed immediately. SC
A Bench led by Justice Surya Kant asked them to explore the possibility of opening at least one lane for the passage of ambulances, senior citizens, women, students, essential services and commuters of nearby areas.
“If both sides (Punjab and Haryana) are able to resolve such modalities, they need not wait for any order from this court and let such resolution be directed immediately,” said the Bench, which also included Justice Ujjal Bhuyan. The top court asked the Punjab Government to persuade protesting farmers to remove tractors from the road, saying highways can’t be used as parking space after Punjab Advocate General Gurminder Singh submitted that it was a six-lane highway and at least one lane should be opened on both sides of the road. The SC was hearing the Haryana Government’s petition challenging the July 10 order of the Punjab and Haryana HC requiring it to remove within a week the barricades at the Shambhu border.
On behalf of the Haryana Government, Solicitor General Tushar Mehta submitted the DGPs of both states should sit together and think of a solution. Punjab and Haryana submitted a list of names of “neutral” persons to the top court to be included in a panel proposed to be set up to talk to protesting farmers to find out an amicable solution to their demands.
Appreciating the efforts made by both the states in proposing the names of “apolitical” persons, the Bench said it would pass a detailed order on the composition of the committee and its mandate on August 22 – the next date of hearing.
The SC turned down a request made by Mehta and Senior Additional Advocate General Lokesh Sinhal to stay the HC order on a judicial probe by a retired judge into the death of a protesting farmer allegedly due to a bullet fired by the police. Noting that the panel had been asked to examine if the force used by the police was proportionate or not, Mehta said a judicial commission should never ascertain this fact as it could demoralise the police.
The Bench, however, said the committee’s findings were ultimately an opinion and it would be for the high court to accept or reject the same.
Maintaining that farmers have a right to voice their grievances, the SC on August 2 asked the governments of Punjab and Haryana not to precipitate the situation at the Shambhu border where farmers have been camping since February. “In a democratic set-up, yes, they have a right to voice their grievances. Those grievances can be voiced at their place also,” the Bench had said.
“Nobody should precipitate the situation. Don’t hurt their (farmers’) sentiments. But as a state… you try to persuade them that as far as tractors, JCB machines and agricultural equipment are concerned, let those be taken to places where those are required,” it had said.
