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YPS Chowk logjam: Punjab moves SC against HC’s tough stand
The high court had observed that on account of handful persons sitting and blocking the road, inconvenience is being caused to the commuters and residents of the tricity and the misery is continuing
The Supreme Court on Friday issued notice of motion in a plea filed by the Punjab government, challenging the April 9 order by the Punjab and Haryana high court regarding protesters sitting at YPS Chowk on the Chandigarh-Mohali border since January 2023.
The high court had observed that on account of handful persons sitting and blocking the road, inconvenience is being caused to the commuters and residents of the tricity and the misery is continuing. “ ..Only on account of the fact that some of the protesters have been hiding behind a shield of religious legitimacy by placing the Guru Granth Sahib would not as such give the State reason not to act against the persons concerned, who are misusing the religious sentiments,” the HC had remarked on April 9, deferring the hearing for April 18, adding that it hoped the blockade will be lifted by then.
HC’s observations had come on a plea from NGO ArriveSAFE, seeking removal of protesters from YPS Chowk, a major traffic lifeline. Since January 7, 2023, the rotary, near the Chandigarh-Mohali border, has been blocked by the Qaumi Insaaf Morcha to demand release of Sikh prisoners, majorly hitting inter-city movement of traffic.
The Punjab government has submitted before the apex court that the high court failed to appreciate the “considerable progress made for clearing the road” and “by setting a timeline, by use of force if necessary, has put the authorities in a precarious situation of imminent law and order problem”.
The plea underlines the agitation has “religious undertones and there is a prayer shed with Guru Granth Sahib having been placed for worship”.
The government has claimed the court “virtually deprived the state of any discretion as to the choice of the best suited measures that may be adopted to bring the protest and the encroachment to an end in a suitable manner, which does not jeopardise the peace and tranquility of the region – especially at the time when general elections are looking over the heads of the local administration”.
It underlined that the morcha is required to be dealt with sensitively – given the fact that Punjab has historically often faced turmoil, when it comes to the clash of interests between such protesters on the one hand, and the interest and convenience of the general public on the other hand.
The plea demands that directions passed be examined, whether these were issued while considering the socio-economic and religious situation present in the state.
It also needs to be examined whether the high court “lost sight of the fact that the manner by which the protest is to be resolved are matter of policy” and also whether use of force or manpower would lead to a law and order situation.
Detailed order from the apex court is awaited of Friday’s proceedings. But state’s advocate general Gurminder Singh confirmed that the matter was taken up by the top court.
