Dharna can't be allowed to continue forever: High Court

Chandigarh, April 12

Just about a month after a non-governmental organisation filed a PIL seeking the removal of encroachment by protesters in Mohali, the Punjab and Haryana High Court has made it clear “there has to be an end to all this”. The assertion came as the Bench of Justice Augustine George Masih and Justice Harpreet Singh Brar took note of apparent indecision on part of the authorities to take action.

“What transpires is that the force, which is required to take action, is ready and willing. But there appears to be some indecision on part of the authorities to take action. We hope and expect the authorities succeed in the negotiations with the agitators. But then there has to be an end to all this. It cannot be allowed to continue for all time to come,” the Bench added.

The assertions came on the petition by Arrive Safe Society of Chandigarh. Among other things, the petitioner had contended it was learnt the protesters were seeking the release of “Bandi Singhs” (Sikh prisoners), including Balwant Singh Rajoana –– a convict in former Punjab Chief Minister Beant Singh’s assassination case. They also wanted the release of 1993 Delhi bomb blast convict Devinderpal Singh Bhullar.

As the case came up for resumed hearing, Punjab Advocate-General and UT Public Prosecutor said efforts to amicably resolve the issue were in process and they were hopeful the matter would be settled and the agitation put to an end.

The counsel for the petitioner, during the course of hearing, brought to the court’s notice the death that took place at the dharna site. The Advocate-General, in turn, prayed for some time to seek instructions in this regard and inform the court about the cause of the person’s death.

“An aspect was also brought to the notice of the court where some incident had taken place amongst the agitators. Advocate-General, Punjab, has informed the court an FIR has been registered on that incident and the accused persons have been arrested. Further process in accordance with law would be followed in that case,” the Bench added. Fixing the case for further hearing on May 17, the Bench called for a status report.

The organisation, through its president Harman Singh Sidhu, submitted nobody could be certain when and under what circumstances such a large gathering of persons might turn violent and the protest might take “shape of a lawless mob disturbing peace and harmony of innocent passersby, those engaged in their daily pursuits or those residing in their property in Mohali and nearby areas”. Describing it as a “crucial issue”, Sidhu added it required the High Court’s timely intervention “at a pre-emptive stage”.

What court observed

“The force is ready and willing. But there appears to be indecision on part of authorities. We expect authorities to succeed in negotiations. But then there has to be an end to all this,” said Bench.