Hospitalise Dallewal or face contempt: SC to Punjab Chief Secy, DGP

The Supreme Court on Saturday warned Punjab Chief Secretary KAP Sinha and Director General of Police Gaurav Yadav that it would frame charges of contempt of court against them if its order on shifting farm leader Jagjit Singh Dallewal to a hospital was not complied with.

“It’s a contempt case and the next step is known. Why shouldn’t there be charges against the Chief Secretary and the Director General of Police? Why should charges not be framed? This is the logical flow of a contempt matter,” a Vacation Bench of Justice Surya Kant and Justice Sudhanshu Dhulia told the two senior officers who were virtually present during the hearing. The Bench was hearing a contempt petition filed by one Labh Singh of Mohali over Punjab Government’s “failure” to implement the court’s order to shift Dallewal to a hospital.

Dallewal has been on an indefinite fast at the Khanauri border point between Punjab and Haryana since November 26 to press for the acceptance of farmers’ demands.

Punjab Advocate General Gurminder Singh told the Bench that “Dallewal is refusing to go to hospital and the farmers present there also are not allowing it... There is a risk that there may be collateral damage of life and property on both sides — farmers and the police — if he is taken to hospital.

“He (Dallewal) has refused any kind of medical aid, including (IV) drips, saying that it will undermine the cause of the movement… The farmers are keeping a close vigil around the protest site,” the AG said.

“Conciliation has to happen before confrontation… In case the Centre negotiates with the farmers, then maybe the situation will ease out,” Singh said, adding “We are helpless and we are saddled with the problem.”

“If state machinery says you (officials) are helpless, then do you know what the repercussions are! The court is not saying use unwanted force…do you want us to record the statement?” asked the Bench which had on Friday directed the Punjab Government to file a compliance report by Saturday on its December 20 order on shifting Dallewal to a hospital.

Sinha and Yadav filed separate affidavits in the court explaining their respective position on implementation of the court’s December 20 order to shift Dallewal to a hospital.

However, the Bench said, “We are not satisfied with the efforts of the State of Punjab regarding compliance of orders dated December 20. Having regard to assurance by the Advocate General, we are inclined to grant more time to take appropriate steps to comply with directions. If the State of Punjab requires any assistance, we direct the Centre to give all requisite support to ensure compliance with our directions.”

Expressing concern over Dallewal’s health, the Bench reiterated its order on shifting him to a hospital and posted the matter for further hearing on December 31.

Represented by Solicitor General Tushar Mehta and Senior Additional Advocate General Lokesh Sinhal, the Haryana Government favoured shifting Dallewal to a hospital in view of his precarious health condition.