Court’s doors are always open to suggestions, SC tells farmers

As agitating farmers refused to interact with the court-appointed high-powered committee, the Supreme Court on Wednesday said its doors were always open to their suggestions and demands to reach an amicable solution to the problem.

“We clarify that the court’s doors are always open to any suggestion or demand by farmers directly or through their authorised representative,” Justice Kant said.

The assurance came from the Bench after Punjab Advocate General Gurminder Singh told the Bench that the farmers have refused to interact with the SC-appointed high-powered committee which had invited them for talks on December 17. Singh suggested that the farmers could be allowed to submit their demands directly to the court.

As Punjab farmer leader Jagjit Singh Dallewal’s fast-unto-death agitation entered the 21st day, the Bench asked the Punjab Government to extend him immediate medical aid, saying it will have serious repercussions if something untoward happened to him.

“He needs to be healthy to agitate… As an elected government and a constitutional organ, you would not like to invite the blame that something happened to him… Even farmers should be concerned about saving his life. He’s their leader! You tell us something tomorrow. Do something swiftly,” a Bench led by Justice Surya Kant told the Advocate General.

The Bench, however, said, “We leave it upon state authorities to take necessary steps and ensure that medical aid, as per doctor's advice, is provided to Mr Dallewal without any delay… Time is critical in this case.”

Dallewal has been on a fast-unto-death at the Khanauri border point between Punjab and Haryana since November 26 to press for the acceptance of farmers’ demands.

The Bench said saving Dallewal's life should be the priority and it should not be dependent on fulfilling farmers' demands.

The direction came after the Punjab Advocate General submitted that following the top court’s December 13 order, senior officials from Punjab and MHA met Dallewal and held a detailed discussion but he refused to undergo medical tests.

His vitals were fine, except the uric acid and doctors said indoor admission would be in his interest, the AG told the Bench 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.

As Solicitor General Tushar Mehta said immediate medical aid should be the first priority at this juncture, the Bench – which also included Justice Ujjal Bhuyan – said, “Look at the serious repercussions. Entire state machinery will be blamed.”

“He (Dallewal) is a public personality… leader of masses. He represents their interest. Some sentiments he is carrying...there is peer pressure also...the state (of Punjab) needs to do something, there can’t be leniency… You have to tackle the situation,” the Bench said.

The directions should be conveyed to the Punjab Chief Secretary and the state DGP, said the Bench – which had on December 13 asked the Punjab government and the Centre to take immediate steps to ensure that Dallewal’s life was not in danger.

“It’s the bounden duty of the Punjab government and the Union of India to take all peaceful measures to provide adequate, immediate medical aid to Dallewal without forcing him to break his fast, unless it is imperative to save his life,” the Bench had said on last Friday.

As farmers continued to protest at Shambhu Border since February, the Supreme Court had on September 2 set up a multi-member high-powered committee headed by Justice Nawab Singh – a former judge of the Punjab and Haryana High Court -- to talk to them to amicably resolve their grievances.

Farmers have been camping at Shambhu and Khanauri border points between Punjab and Haryana since February 13, 2024 after they were stopped by security forces. Besides a legal guarantee for MSP, they were demanding implementation of the Swaminathan Commission’s recommendations, pension for farmers and farm labourers, farm debt waiver, reinstatement of the Land Acquisition Act, 2013 and compensation to the families of farmers who died during the 2020-21 agitation.

Maintaining that the committee was doing a “commendable job”, the Bench said, “We thought an appropriate stage will come when we will impress upon different stakeholders to do something. That stage is yet to come. How and to what extent we will succeed, that is difficult to predict today. But definitely we will make an endeavour and whatever genuine demands are there, we will try to impress upon all the stakeholders that something should be done. But let it not be a pre-condition to save the life of Mr Dallewal", the Bench said on Wednesday.

Acknowledging the farmers’ right to peaceful protests, the Bench had on December 2 cautioned them against disrupting public life.