SC raps Punjab, questions law-and-order breakdown over farmer leader’s health

The Supreme Court on Saturday strongly criticised the Punjab government for failing to hospitalise farmer leader Jagjit Singh Dallewal, who has been on a fast-unto-death since November 26, marking the second consecutive day the state faced the court’s ire for not complying with repeated orders and medical advice to ensure his hospitalisation.

Expressing serious concern over the government’s inability to enforce its December 20 order, which mandated immediate hospitalisation of Dallewal, the court warned of possible contempt proceedings against state’s chief secretary and director general of police (DGP) for non-compliance.

In a rare Sunday sitting, a bench comprising justices Surya Kant and Sudhanshu Dhulia heard a contempt petition filed against Punjab’s chief secretary and DGP, accusing them of neglecting their constitutional duty. The bench, visibly upset with the state’s response, stressed that no protest could justify the endangerment of human life and berated the government for appearing to tacitly support Dallewal’s prolonged hunger strike.

The Punjab government, represented by advocate general Gurminder Singh, informed the court that medical boards had been set up to monitor Dallewal’s deteriorating health. The AG also noted that several high-ranking officials and ministers had personally appealed to Dallewal to accept hospitalisation but despite their efforts, Dallewal refused medical intervention, arguing that his hospitalisation could weaken the momentum of the ongoing protest.

The AG’s submissions, however, failed to pacify the court, which had on Saturday sought explanations from the state chief secretary and DGP after a contempt petition was moved against the two for allegedly breaching the December 20 court order on Dallewal’s hospitalisation. The bench questioned why the state had allowed groups of farmers to encircle the protest site, effectively preventing any attempt to move Dallewal to a hospital.

“Who is responsible for allowing this virtual fortification around him?” asked the court, saying the situation is unheard of where a person critically endangering his life is not allowed to receive medical treatment. “Is this not a failure of law-and-order machinery?” the bench asked Singh.

The officers’ affidavits stated that multiple attempts to reason with Dallewal and his supporters had failed. It also acknowledged that the use of force to disperse the protestors could escalate tensions.

The court rejected this justification, emphasising that elected governments cannot plead helplessness in maintaining law and order.

The bench also lambasted the groups obstructing Dallewal’s hospitalisation, saying it would not accept a “violent face” of the farmers’ movement.

The bench reiterated its commitment to addressing farmers’ concerns through constitutional means. “We assure the farmers that their issues will be taken up in due course. But this cannot be a method to highlight grievances. Dallewal can continue his fast in a hospital where his health can be monitored,” it said.

The court urged the Punjab government to strategise and comply with its orders, warning that failure to do so could lead to contempt charges against senior officials. “Punjab has a glorious history of tackling major challenges. We are not adversarial but aim to protect the life of one of Punjab’s tallest farmer leaders,” the court emphasised.

The bench has given the Punjab government a final warning and directed it to ensure Dallewal’s hospitalisation with immediate effect. It also indicated that if logistical support is required, the Centre should step in to assist. The matter has been listed for further hearing on December 31.

Dallewal, a key figure in the farmers’ agitation, began his hunger strike on November 26, demanding legal guarantees for MSP and other agricultural reforms. With tensions rising, the court’s intervention seeks to strike a balance between upholding the farmers’ right to protest and safeguarding the life of a leader revered by many in the farming community.