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The Supreme Court of India issued a stern warning to the Punjab government on Saturday, criticizing its perceived helplessness in addressing the ongoing hunger strike of farmer representative Jagjit Singh Dallewal at the Shambhu border. Dallewal, besieged by thousands of fellow protesters who have effectively created a fortified encampment using welded tractors, has refused hospitalization despite his deteriorating health. The court's frustration stemmed from the Punjab government's assertion that using force to implement the court's order to hospitalize Dallewal risked 'collateral damage' and that their hands were tied. The court's response was sharp and unequivocal, highlighting the gravity of the situation and the constitutional implications of a state's inability to maintain law and order within its own borders.
The Advocate General of Punjab, Gurminder Singh, argued that the situation arose from the farmers' thwarted attempt to march to Delhi and that only a change in the Minimum Support Price (MSP) law, facilitated by central government intervention, could potentially diffuse the tense situation. He suggested that using force would inevitably lead to further casualties, prioritizing the preservation of lives over the enforcement of the court's order. This argument, however, was met with strong resistance from the Supreme Court bench, which forcefully rejected the notion of the state's powerlessness. The judges questioned the responsibility of the Punjab government in allowing such a situation to escalate to the point where a large group of protesters could effectively prevent the hospitalization of a critically ill individual. The court directly challenged the Punjab government's apparent willingness to defer to the will of the protesters, highlighting the potential constitutional implications of such inaction.
The Supreme Court's rebuke extended to the characterization of the state's role. The bench explicitly cautioned the Punjab government against acting as a spokesperson for the protesters, suggesting that those who are obstructing Dallewal's hospitalization lack genuine concern for his well-being. The court's frustration was palpable in its condemnation of the state government's justification for inaction, directly confronting the narrative presented by the Punjab government. The justices firmly rejected any preconditions linked to altering the MSP law, emphasizing the existence of a high-level committee tasked with examining farmers' issues and making recommendations. The court underscored its commitment to resolving the issues raised by the farmers through the established process, explicitly rejecting the government's attempt to link compliance with changes to agricultural policy.
The Supreme Court's decision to reject the Punjab government's pleas for leniency underscores its determination to uphold the rule of law. The court's impatience with the state's perceived inaction highlights the seriousness of the situation. The judges' refusal to accept the government's justifications underscores their commitment to finding a solution that respects both the rights of the protesters and the need to ensure the well-being of Dallewal. The court's decision to demand compliance by December 31st indicates its determination to see the situation resolved promptly and effectively, leaving little room for further delay or inaction on the part of the Punjab government. This approach firmly establishes the court’s authority and its commitment to preventing a similar crisis from occurring in the future.
The involvement of the Solicitor General, Tushar Mehta, representing the central government, added another layer of complexity. Mehta suggested that direct central intervention could potentially worsen the situation, urging the Punjab government to take swift and mature action to resolve the matter independently. This strategic approach avoids escalating the conflict and potentially exacerbating the already volatile situation. The court’s agreement with the Solicitor General’s assessment further highlights the sensitive nature of the situation and the need for a measured and cautious approach to resolve the crisis. The court’s final decision to demand a concise affidavit reporting compliance by December 31st underscores its determination to enforce its order and to hold the Punjab government accountable for maintaining law and order within its jurisdiction. The court's actions demonstrate a clear commitment to upholding the rule of law and to preventing further escalation of the conflict.
The case highlights the delicate balance between respecting the rights of protesters and upholding the rule of law. The Punjab government's response, characterized by perceived inaction and a reliance on the protesters’ narrative, has raised serious constitutional concerns. The Supreme Court's firm stance emphasizes the importance of upholding its authority and ensuring the well-being of those in need of medical care, even in the face of significant opposition. The outcome of this case will have significant implications for future protests and the relationship between state governments and the judiciary in handling such situations. The court's deadline of December 31st will act as a critical test of the Punjab government's willingness and ability to effectively manage law and order within its own jurisdiction. Failure to comply could have significant further ramifications for the government and its relationship with the judiciary.
Source: Don't act as spokesperson of farm protesters: Supreme Court to Punjab