SC wants Dallewal to be shifted to hospital; leaves it to Punjab authorities to take call
Making it clear that it wanted farmer leader Jagjit Singh Dallewal - who has been on a fast-unto-death since November 26 - to be shifted to a make-shift hospital set up near the protest site, the Supreme Court on Friday left it to the Punjab government authorities to take a call on the issue.
"It is entirely the responsibility of the state of Punjab to ensure stable health condition of Dallewal, for which, if he requires hospitalisation, the authorities will take a call as to whether Dallewal can be shifted to a make-shift hospital which is said to have been set up at a distance of 700 metres from the (protest) site, or otherwise,” a Bench led by Justice Surya Kant said.
The Bench – which also included Justice Ujjal Bhuyan – asked the Punjab Chief Secretary and the Chairperson of the Medical Board constituted to monitor Dallewal’s health to file a fresh medical report by January 2, 2025 on stability of his health along with the necessary steps taken to ensure that no harm was caused to him. Noting that its previous directions would continue to operate, the top court gave liberty to the parties to move it for any further directions, if needed.
The order came after Punjab Advocate General Gurminder Singh told the Bench that the authorities were ready to shift Dallewal to the makeshift hospital, subject to his own consent as they didn’t want to cause any physical discomfort or trauma to him in view of his health condition.
“Shifting also is not a problem as long as there is no resistance,” Singh said, adding that the authorities didn’t want to take any chances as he was a little frail and given his age any kind of jostling would lead to a decline in his physical state.”
On behalf of the Haryana government, Solicitor General Tushar Mehta requested the Bench to pass an order to shift Dallewal to a hospital, saying his health was deteriorating even as Singh said any coercive action might create difficulties on the ground level.
Dallewal has been on a fast-unto-death at the Khanauri border point between Punjab and Haryana to press for the acceptance of farmers' demands.
The Bench – which had on Thursday pulled up the Punjab government for not conducting medical tests on Dallewal – heard the matter in two sessions on Friday.
In the first session, Punjab Advocate General Gurminder Singh told the Bench that doctors were able to conduct all medical tests on Dallewal on Thursday. “The ECG was normal…we have taken blood samples...report I have sent to the court. Largely, all parameters in the blood report are within limit, except four…,” Singh said, adding, “At the moment, it seems we are in control of the situation. His heart condition was not affected at all…About 20 tests on blood samples were performed…two parameters are marginally abnormal.”
However, Singh said, “Creatinine is slightly up. Uric acid is high for which medication is required. But he has refused…On the cancer status, we have found that his PSA values are slightly high but not dangerous.”
The Bench asked him to get an affidavit/undertaking from the state Chief Secretary and DGP that they would shift Dallewal to the make-shift hospital and posted the matter for hearing at 2.30 pm when it eventually passed the order.
The direction came during the hearing on the Haryana government's petition challenging the Punjab and Haryana High Court's July 10 order to open the Shambhu border on an experimental basis to prevent inconvenience to the general public.
