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SC extends time until Jan 2 for Punjab to hospitalise farmer leader Dallewal
The Punjab government moved an application seeking three days to comply with the Supreme Court order to provide medical aid to farmer leader Jagjit Singh Dallewal
The Supreme Court on Tuesday extended time until January 2 for the Punjab government to comply with its order to hospitalise farmer leader Jagjit Singh Dallewal, who has been on a hunger strike for over a month. The extension was granted after the state informed the court that Dallewal was willing to receive medical aid if the Union government accepted his proposal for talks.
The Punjab government moved an application seeking three days to comply with the court order to provide medical aid to Dallewal, citing intervening circumstances and the negotiations with farmer leaders at their protest site.
A bench of justices Surya Kant and Sudhanshu Dhulia, which held a special hearing for the case, said, “We are not going to say anything on the ongoing negotiation or whatever is going on behind the scenes. We will be happy if something comes through.” The bench emphasised compliance with the court order.
The bench took into consideration the totality of circumstances and said it was inclined to accept the request for more time for compliance keeping the interest of justice in view.
The court on December 28 pulled up the Punjab government for its failure to provide medical aid to Dallewal, saying it was not just a “failure of law-and-order machinery” but amounts to “abetment to suicide”.
Punjab advocate general Gurminder Singh informed the bench that a team of intervenors and negotiators met with the protesting farmers on December 29. He added a state-wide bandh and talks with the Union government over demands such as a guarantee on minimum support price (MSP) delayed negotiations with the farmers.
“If there is a proposal for talks, Dallewal is willing to take medical aid,” Singh said, citing a letter the farmers have written to the Union government.
Solicitor general Tushar Mehta, who appeared for Haryana, said the issue needs to be urgently heard and sought a hearing on January 2.
On December 20, the court directed Punjab to urgently hospitalise Dallewal noting his precarious condition and stance to continue the fast until their issues were resolved.
A contempt petition was filed against Punjab’s chief secretary and police chief accusing them of violating the court’s directions. On Tuesday, the court directed the two to remain virtually present also during the January 2 hearing
The Punjab government earlier said it was helpless in enforcing the court’s order despite monitoring Dallewal’s condition. It complained a group of farmers had formed multiple layers around Dallewal, preventing authorities from shifting Dallewal. This prompted the court to say it would not succumb to pressure or tolerate a “violent face”.
The court questioned Punjab for its tacit support for the agitating farmers by making a “virtual fort” around the protest site. Last Saturday, the court observed, “This is not a question of demands or agitation. Preventing someone who is critically unwell from receiving medical treatment is unacceptable and unheard of. This is a criminal offence and nothing short of abetment to suicide.”
The court was upset with the state government’s failure to balance the maintenance of law and order and protecting human life.
On December 18 and 20, the court warned the blame would be entirely upon the state machinery if any harm was caused to Dallewal. Dallewal has been on the fast since November 26, seeking a legal guarantee for MSP, debt relief, and agrarian reforms.
Haryana moved the Supreme Court against a Punjab and Haryana high court order for lifting the blockade at the Shambhu border that was put up to prevent the farmers from marching to Parliament.
