High Court allows unfettered hospital visits for Punjab farm leader Jagjit Dallewal

The Punjab and Haryana High Court on Thursday directed Punjab to ensure that there was no hindrance if the family, friends, relatives or “any other person” wished to visit farmer leader Jagjit Singh Dallewal in the hospital.

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Justice Manisha Batra at the same time made it clear that they would, however, follow the hospital rules and protocol.

The ruling came as Justice Batra disposed of a habeas corpus petition seeking Dallewal’s release after observing that he was admitted to a hospital on the intervening night of March 19 and 20.

Admittedly, it was “due to his bad health condition as he was on hunger strike for an indefinite period demanding fulfillment of farmers’ demands”.

Justice Batra asserted the State had taken a candid stand that he was not in any kind of illegal confinement. Rather, he was admitted due to his health condition following a direction issued by the Supreme Court.

The family and some farmer leaders met him in the hospital in compliance with the directions issued by the court.

“This fact is not disputed by counsel for the petitioner. Rather, on a query put by this court as to whether the alleged detainee wants to be discharged from the hospital, counsel for the petitioner has replied in the negative,” the court asserted.

Justice Batra added the alleged detainee was said to be free to go home after seeking discharge from the hospital. As such, it could not be said that he was in illegal confinement. “Keeping in view the facts and circumstances, the present petition is disposed of as no further orders are called for in the matter”, the court added.

The leader of the joint forum “Sanyukt Kisan Morcha (Non-Political) KMM” was admitted to a hospital in Patiala about four days back. Represented by advocates Gurmohan Preet Singh, Angrej Singh and Kanwarjit Singh, the petitioner-farmer leader Gurmukh Singh had earlier contended that Dallewal was allegedly in illegal custody by the respondents.

“The detention appears to be an attempt to suppress the farmers’ movement and instill fear among peaceful protesters, violating the fundamental rights to freedom of speech and expression, assembly, and association under Article 19 of the Constitution”, the petitioner had contended.