Shambhu Border: Supreme Court asks Punjab and Haryana DGPs to explore partial removal of blockade within a week

Satya Prakash

New Delhi, August 12

The Supreme Court on Monday ordered the Director Generals of Police of Punjab and Haryana along with the Senior Superintendents of Police of Patiala and Ambala and the Deputy Commissioners of the two districts to hold a meeting within one week for partial opening of the Shambhu Border where farmers have been camping since February.

A Bench led by Justice Surya Kant asked them to explore the possibility of opening at least one lane for the passage of ambulances, senior citizens, women, students, essential services and any commuters of nearby areas.

“If both sides (Punjab and Haryana) are able to resolve such modalities, they need not wait for any order from this court and let such resolution be directed immediately,” said the Bench which also included Justice Ujjal Bhuyan.

The top court asked the Punjab Government to persuade protesting farmers to remove tractors from the road, saying highways can’t be used as parking space after Punjab Advocate General Gurminder Singh submitted that it’s a six-lane highway and at least one lane should be opened on both sides of the highway.

The top court was 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.

On behalf of the Haryana Government, Solicitor General Tushar Mehta submitted that the DGPs of both states could sit together and think of a solution.

Both the states of Punjab and Haryana submitted a list of names of “neutral” persons to the top court to be included in a panel proposed to be set up to talk to protesting farmers and the government to find out an amicable solution to their demands.

Appreciating the efforts made by both the states in proposing the names of ‘apolitical” persons, the Bench said it would pass a detailed order on the composition of the committee and its mandate on August 22 – the next date of hearing.

The top court turned down a request made by Solicitor General Mehta and senior Additional Advocate General Lokesh Sinhal to stay the High Court's ordering a judicial probe by a retired judge into the death of a protesting farmer allegedly due to a bullet fired by the police.

Noting that the committee has been asked to examine if the force used by the police was proportionate or not, Mehta said a judicial commission should never ascertain this fact as it could demoralise the police force.

The Bench, however, said the committee's findings were ultimately an opinion and it would be for the high court to accept or reject the same.

Maintaining that farmers have a right to voice their grievances, the Supreme Court had on August 2 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," the Bench had said.

"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,” it had said.

It had asked both the state governments to suggest names of neutral personalities for constituting an independent committee to talk to the protesting farmers.

"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 had said.

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 has contended it’s entirely the state's responsibility to assess ground realities, threat perception, likelihood of breach of peace and violation of law.