Shift farmer leader Dallewal to hospital or face contempt: Supreme Court tells 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 farmers’ 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 DGP? Why should charges be not 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.

Dallewal has been on a fast-unto-death 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 “Mr Dallewal is refusing 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 movement… The farmers are keeping a close vigil around the protest site,” the AG said.

“Conciliation has to happen before confrontation… In case 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 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 Central Government to give all requisite support to ensure compliance with our directions.”

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

“You (officers) are the best to assess the situation. Now what is the strategy and how you implement it is not needed to be divulged. If resistance is there against lawful action you have to deal with it. If a patient is being stopped from being taken to a hospital, then you know what is to be done. Tell us when you can shift him and also tell us if you need any assistance from the central government,” the Bench told the two officers.

“Are they (farmers) interested in his life or something else? We don’t want to say much and only hope that the Punjab Government will comply with our directions,” it said.

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.

At one point, Justice Dhulia said, “This is abetment to suicide. This is a criminal offence and you create a problem and then say there is nothing.”

Acting on a contempt petition foiled by one Labh Singh of Mohali, the top court had on Friday issued notice to the Punjab Government for its ‘failure’ to implement the court’s order to shift Dallewal to a hospital.

“If it is a law and order issue you have to deal with it with iron hands… Somebody’s life is at stake. You need to take it seriously. Medical aid has to be given and the impression is that you are not following it,” the Bench had told the Advocate General on Friday.

Making it clear that it wanted Dallewal to be shifted to a makeshift hospital set up near the protest site, the Supreme Court had on December 20 left it to the Punjab Government authorities to take a call on the issue.

“It’s entirely the responsibility of the State of Punjab to ensure stable health conditions of Shri Dallewal, for which, if he requires hospitalisation, the authorities will take a call as to whether Shri Dallewal can be shifted to make-shift hospital which is said to have been set-up at a distance of 700 meters from the (protest) site, or otherwise,” it had said.