SC stays High Court order on removing protesters from UT-Mohali road

Tribune News Service

New Delhi, May 4

The Supreme Court has stayed the Punjab and Haryana High Court order to authorities to remove protesters blocking the Chandigarh-Mohali road for release of political prisoners.

April 9 High Court observation

• On April 9, the Punjab and Haryana High Court had observed that despite being given repeated opportunities, neither the State of Punjab nor the Union Territory of Chandigarh had been able to give any redressal to the commuters of Chandigarh and SAS Nagar Mohali.
• “On account of a handful of people sitting and blocking the road, inconvenience is being caused to the commuters and residents of the tricity, and the misery is continuing,” it had stated.

Acting on a petition filed by the Punjab Government, a Bench headed by Justice BR Gavai on Friday also issued notice to ArriveSAFE, an NGO which had gone to the High Court, the Centre, the Chandigarh Administration and others.

The protesters have been seeking the release of Sikh prisoners, including Balwant Singh Rajoana, a convict in the former Punjab Chief Minister Beant Singh’s assassination case, and Devinderpal Singh Bhullar, a 1993 Delhi bomb blast convict.

On behalf of the Centre, Solicitor General Tushar Mehta supported the Punjab Government’s stand. “We are supporting each other. Federalism is always protected except when it comes to corruption. During the Covid times, every state and Centre worked together...,” said Mehta after Justice Gavai commented that the Centre and the state were on the same page “for a change”.

Noting that the Centre and the state had a common objective, Punjab Advocate General Gurminder Singh urged the top court to stay the High Court order.

On April 9, the High Court had observed that despite being given repeated opportunities, neither the State of Punjab nor the Union Territory of Chandigarh had been able to give any redressal to the commuters of Chandigarh and SAS Nagar Mohali. It had expressed the hope that the Punjab Government and the Chandigarh Administration would wake up from their slumber.

“On account of a handful of people sitting and blocking the road, inconvenience is being caused to the commuters and residents of the tricity, and the misery is continuing,” it had stated.

The High Court had cited the Supreme Court’s observations in Amit Sahni vs Commissioner of Police and others, 2020 (Shaheen Bagh protests case), in which the top court had said public places can’t be occupied indefinitely.

“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 High Court had said.

“In spite of the fact that it is well-known that all the agitators from the rural background are busy in harvesting and it is most opportune time to remove the blockage of the road, the State of Punjab and the Union Territory, Chandigarh, are dragging their feet for the reasons best known to them,” it had said, noting that the photographs placed on record showed there was no large gathering.

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