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Fast-unto-death: SC warns Punjab over farmer leader Jagjit Singh Dallewal’s health

Dec 18, 2024 03:31 PM IST

The SC bench said that judicial intervention aimed to amplify farmers’ concerns, ensuring their voices were heard “loud and clear” by all stakeholders.

The Supreme Court on Wednesday cautioned the Punjab government that the entire state machinery would bear the blame if anything untoward were to happen to farmer leader Jagjit Singh Dallewal, who has been on a fast-unto-death for 23 days now. The court urged the state to take “extraordinary steps” to ensure Dallewal’s health, including hospitalisation, while continuing efforts to resolve the farmers’ ongoing agitation along the Khanauri-Shambhu stretch between Punjab and Haryana.

Punjab farmer leader Jagjit Singh Dallewal, abed, on his fast-unto-death near the Khanauri Border in Sangrur district. (PTI)
Punjab farmer leader Jagjit Singh Dallewal, abed, on his fast-unto-death near the Khanauri Border in Sangrur district. (PTI)

A bench of Justices Surya Kant and Ujjal Bhuyan underlined that judicial intervention aimed to amplify farmers’ concerns, ensuring their voices were heard “loud and clear” by all stakeholders.

“The entire state machinery will be blamed if something untoward happens. Consider the grave repercussions. Do not feel any pressure and do what’s required. Extraordinary conditions require extraordinary steps,” the bench told Punjab’s advocate general (AG) Gurminder Singh. The court will revisit the matter on Thursday at 2pm.

The proceedings on Wednesday followed the court’s earlier order on December 13, which mandated engagement with farmers and protection of Dallewal’s well-being. The December 13 order underscored the farmers’ constitutional right to protest but called for peaceful demonstrations, in line with “Gandhian principles.” It tasked the Punjab government and a court-appointed high-powered panel to mediate and address the farmers’ grievances, including their demand for legal guarantees for minimum support price (MSP).

On Wednesday, justice Kant stressed the importance of Dallewal’s well-being, describing him as a “public personality” and a “leader of the masses” who must remain healthy to effectively advocate for the farmers’ cause.

The Punjab AG informed the court that discussions with Dallewal have been ongoing, but the farmer leader has steadfastly refused medical tests and hospital admission despite doctors’ advice. “His vitals are fine at the moment, but the doctors have said that indoor admission would be in his best interest,” Singh said.

Responding to this, justice Kant remarked, “There can be difference of opinion with the state, but he needs to be healthy to agitate...as an elected government and a constitutional organ, you cannot let anything happen to him. It is your duty to protect him.”

The bench reminded the Punjab AG that the ongoing judicial proceedings were aimed at ensuring the farmers’ grievances were addressed, but protecting Dallewal’s life must remain the priority. “Even the farmers should be concerned about saving his life. He is their leader! You must act swiftly and tell us tomorrow what steps have been taken,” the court directed.

It added, “We are doing our best to give the farmers a platform. We constituted a committee for participatory engagement, and we will continue to impress upon stakeholders to address their genuine demands. We have opened the judicial gates to provide them with a platform so that their voices are heard loud and clear. To what extent it would be acceptable to them, only the time will tell but we are trying out best to give them a platform.”

At this point, solicitor general Tushar Mehta, representing the Centre, added that Dallewal’s supporters must not obstruct medical intervention. “His supporters cannot prevent medical aid from reaching him. Saving his life should be the priority for everyone,” Mehta said.

The bench then urged the Punjab government to act decisively and prevent any escalation of the situation. In its order, the bench said that the state authorities could take “appropriate steps” and ensure Dallewal be granted medical aid as per doctor’s advice. Simultaneously, it clarified that the doors of the Supreme Court were open for the farmers and their representatives to put forth their views and demands which would be given due consideration.

Dallewal’s hunger strike, which began on November 26, is part of a larger movement demanding the legalisation of MSP and broader agricultural reforms. Protesting farmers, under the banners of Samyukta Kisan Morcha (Non-Political) and Kisan Mazdoor Morcha, have been demonstrating at the Punjab-Haryana border since February.

Their blockade of major highways, including the Khanauri-Shambhu stretch, has caused significant disruptions to public movement and economic activities in the region. Punjab AG Singh previously told the court that the protests were adversely impacting the state’s finances, but the farmers remain resolute.

Dallewal, a senior citizen, has framed the demand for MSP as fundamental to the survival of farmers, likening it to the constitutional right to life. In a letter to Prime Minister Narendra Modi last week, he called MSP ‘essential’ for safeguarding agriculture and rural livelihoods.

The SC-appointed high-powered committee, chaired by retired high court judge Justice Nawab Singh, has been mediating between the farmers and the government. Its November report highlighted systemic issues plaguing the agrarian economy, including rising debt, climate challenges and unsustainable farming practices. The report advocated for serious consideration of the farmers’ genuine demands to restore confidence in the agricultural community.

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