In a very rare move, we see most alarmingly that the Supreme Court on December 28, 2024 yet again very strongly rapped and pulled up the Bhagwant Singh Mann-led Punjab State Government of the Aam Aadmi Party (AAP) for not complying with its order to shift to a hospital protesting and ailing 70-year-old farmer leader – Mr Jagjit Singh Dallewal who is on a fast-unto-death at Khanauri on the Punjab State’s border with Haryana and said its actions amount to abetment to commit suicide.

Of course, this is definitely a very serious observation that has been made by the top court which warrants to be taken note most seriously by the Punjab State Government! It must be noted here that Hon’ble Mr Justice Sudhanshu Dhulia who was a part of a two-Judge Bench said as Punjab State Advocate General – Mr Gurminder Singh pleaded inability to shift him due to fierce opposition from the protesters at the site.

It must be disclosed here that a Bench of Apex Court comprising of Hon’ble Mr Justice Surya Kant and Hon’ble Mr Justice Sudhanshu Dhulia after convening a special sitting during the Supreme Court’s Christmas and New Year vacation demanded immediate action and raised serious questions on the Punjab State Government seriousness in ensuring the farmer leader Mr Dallewal’s survival. It must also be apprised here that the Apex Court Bench said most clearly in its order that:
We are not satisfied with the efforts made by the Government of Punjab towards compliance of our orders. We are inclined to grant more time to take appropriate steps in furtherance of the directions issued from time to time. If Punjab requires any assistance, we direct the Centre to provide requisite logical support for the compliance of our direction. Very rightly so!

It also has to be taken most seriously that the top court has clearly indicated that it will not hesitate to initiate contempt of court proceedings against the Punjab Chief Secretary and Director General of Police if its order is not given effect to without further delay. In hindsight, it may be recalled that while hearing a matter pertaining to the re-opening of the borders, the Supreme Court had on December 20 asked authorities to move farmer leader Mr Dallewal to a hospital if necessary.

What then next followed was that subsequently, we witnessed how an application was filed before the top court accusing directly the Punjab State Government of not complying with the December 20 order and seeking contempt of court proceedings against the Chief Secretary.

While taking up this most sensitive issue on December 27, 2024, the Apex Court was most unequivocal to opine that there is an impression that the Punjab government is not doing enough to save Mr Dallewal’s life. It also deserves to be mentioned here that the top court issued notice on the contempt plea and sought a compliance report from the Punjab State Government by December 28, 2024. The Apex Court Bench noted that:
This is a contempt petition against the Punjab Chief Secretary and DGP for not complying with our December 20 order. This was held so in regard to underscoring a very key directive for Mr Dallewal’s hospitalization and questioning Punjab State Advocate General Mr Gurminder Singh whether the State of Punjab was really serious about Mr Dallewal’s well-being.

It is definitely worth noting that the Apex Court Bench while expressing its extreme dissatisfaction with the Punjab State Government’s delay in providing Mr Dallewal with adequate medical care and taking potshots on it was most serious in observing that:
Please, take it seriously. Someone’s life is at stake…the impression we get is that you have not been taking it seriously. It merits mentioning that on December 28, 2024, the Advocate General of Punjab – Mr Gurminder Singh said that the State had filed two compliance reports and that two medical boards, including AIIMS officials, are providing onsite medical facilities. It was also revealed by Mr Gurminder that Mr Dallewal had refused medical intervention saying it would undermine his cause.

By the way, we also need to note here that Mr Gurminder conceded that a group of eight Cabinet Ministers had met Mr Dallewal to persuade him to seek medical aid. However, he cited strong resistance from farmers as a challenge to shifting him to a hospital. But this is a ludicrous argument because Article 21 of the Constitution guarantees right to life as a fundamental right and no person can ever block it for any reason under any circumstances, no matter how much noble that cause may be!

We also need to note that the Apex Court Bench retorted that:
If there are people creating a law-and-order situation, you as a State must know how to handle it. It’s your duty. It was also directed by the top court that the Punjab State must file a compliance report within 24 hours. Very rightly so!

What came as a strong indictment of the Punjab State Government was reflected clearly in the frank observation of Hon’ble Mr Justice Surya Kant who said that the submissions seem to indicate that the State is supporting his cause to stay there. He also added further that the demands of the farmers are a different issue and firmly reiterated the top court’s assurance to hear it on the judicial side.

We need to note that as the Advocate General Mr Gurminder submitted that the protesters had called upon the youth to gather at the protest site to thwart any attempt to move Mr Dallewal and were maintaining 24 x 7 vigil, an apparently peeved Apex Court Bench wondered aloud asking clearly that who had allowed the situation to reach this stage.

In this context, it must be mentioned that Mr Gurminder clarified adding that the entire area was under siege by the protesters. It was very rightly quipped by Hon’ble Mr Justice Kant stating that:
Who has allowed for this fort kind of thing to be constructed here?

All this manpower to reach systematically and periodically? On a very pragmatic note, it must be added that Hon’ble Mr Justice Surya Kant further added wondering aloud that if the gathering was for raising demands in a democratic manner, it was understandable but gathering to not allow someone to be shifted to a hospital was unheard of.

Most forthrightly, we see that Hon’ble Mr Justice Sudhanshu Dhulia explicitly stated without mincing any words whatsoever while taking potshots at the Punjab State Government that:
This is a criminal offence. It is an abetment to suicide. You first create a problem and then you take a plea now there is a problem we can do nothing.

Frankly speaking, the top court also asked Punjab Advocate General Mr Gurminder Singh if it should record his statement that the State is helpless. It also cannot be denied that Hon’ble Mr Justice Surya Kant very rightly put across that it is for the State’s officers to decide what strategy had to be employed and added it does not expect the use of any unwanted force.

It needs to be disclosed here that the top court had advised the Punjab State Government to seek assistance from the Centre giving time till December 31 to shift Mr Dallewal to hospital. It is definitely a cause of grave concern that the officials of the Punjab State Government had reached the Khanauri border with a team of doctors to provide medical assistance to Mr Dallewal but the farmers declined the offer. Farmer leader Mr Sarvan Singh Pandher has warned the Punjab of serious consequences if it tried to use force on the protesting farmers. He said that:
Our fight is not against the Punjab government as this is a fight against the Centre and the Punjab government should support farmers in this fight. But any attempt to launch an operation at Khanauri or Shambhu border will cost the government heavily. Mr Sarvan also further added that any police action on farmers to prove as another Behbal Kalan episode of 2015 and Chief Minister Bhagwant Mann will have to pay heavy price for it.

In conclusion, it is certainly high time and Punjab State Government must pay heed to what the Apex Court has said and implement its directives most strictly. It must be laid bare here that Mr Dallewal has been on hunger strike in Khanauri on the Punjab-Haryana border since November 26, 2024 while protesting for several demands for farmers which includes a legal guarantee of minimum support price (MSP) for crops. While noticing that the Punjab police may shift Mr Dallewal to hospital on the Apex Court’s directives, the farmers have managed to mobilize a huge gathering at Khanauri border.

Farmers definitely have a right to protest but they are also citizens of India and have to comply with what the Apex Court rules and cannot violate the orders of the top court with impunity at its own whims and fancies! There can be just no gainsaying that Centre must also step forward and take a very compassionate view of the farmers compelling demands and do something concrete to break this long pending deadlock on it as this will serve not only the farmers interest but also our national interests as well! There can be definitely just no denying or disputing it!

Sanjeev Sirohi, Advocate,
s/o Col (Retd) BPS Sirohi, A 82, Defence Enclave,
Sardhana Road, Kankerkhera, Meerut - 250001, Uttar Pradesh