Shambhu border: Don’t do anything to precipitate the situation, Supreme Court tells Punjab and Haryana
Satya Prakash
New Delhi, August 2
Maintaining that farmers have a right to voice their grievances, the Supreme Court on Friday asked the governments of Punjab and Haryana not to precipitate the situation at the Shambhu border near Ambala 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," a Bench led by Justice Surya Kant said while hearing the Haryana government's petition challenging the July 10 order of the Punjab and Haryana High Court requiring it to remove within a week the barricades at the Shambhu border.
"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 are concerned, JCB machines are concerned, other agricultural equipment are concerned, let those be taken to places where those are required like agricultural farms, agricultural lands, wherever they want,” said the Bench, which also included Justice R Mahadevan.
Asking both the state governments to suggest names of neutral personalities for constituting an independent committee to talk to the protesting farmers, the Bench said its July 24 order for maintaining the status quo would continue till August 12 – the next date of hearing.
"We want a very smooth beginning in terms of dialogue...Please think of names...There are very good, very seasoned practical personalities in the country who have experience to their credit...and they know the ins and outs of the problem...Please think of some neutral personality. It will inspire more confidence in the farmers. They keep on saying that judges should also be involved, judges are not experts...but there are former judges, and there can be members from the bar. Try to resolve it,” Justice Kant said.
Noting that both Punjab and Haryana have good agriculture universities, the Bench said there could be some experts/agriculture scientists from these universities on the proposed panel.
Punjab Advocate General Gurminder Singh – who had on July 24 submitted that the national highway cannot be blocked endlessly as it had an adverse impact on the economic health of the state – said some relief may be given to vehicles permitted under the Motor Vehicles Act.
As advocate Uday Pratap Singh – who represented the petitioner before the high court – supported the Advocate General and said that the barricades should be removed at least for ambulances and vehicles carrying patients, the Bench said ambulances carrying patients or cars carrying senior citizens should not be prevented.
However, Solicitor General Tushar Mehta, representing the Haryana government, objected to Singh’s submission, saying the state of Punjab cannot plead on behalf of farmers that the vehicles should be allowed.
Earlier, Mehta told the Bench that steps were afoot in terms of the July 24 order to suggest names for the committee.
The Supreme Court had on July 24 directed the governments of Punjab and Haryana to maintain status quo at the Shambhu border to prevent the situation from flaring up as it declared forming an independent committee to negotiate with the protesting farmers to find an amicable resolution to the issues.
Highlighting the "trust deficit" between the government and the protesting farmers, Justice Kant had said the issues could be resolved through negotiations.
More than five months after the “unlawful sealing of the border between Haryana and Punjab” to prevent farmers from “protesting peacefully”, the Punjab and Haryana High Court had on July 10 directed the state of Haryana to open the Shambhu border on an experimental basis to prevent inconvenience to the general public.
Maintaining that law and order was a state subject under the Constitution, the Haryana government said it’s entirely the state's responsibility to assess ground realities, threat perception, likelihood of breach of peace and violation of law.
