In a scathing critique, the Punjab & Haryana High Court chastised state authorities for their failure to clear roads blocked by protestors at the Mohali-Chandigarh border, who sought the release of Sikh prisoners. The court asserted that using the Guru Granth Sahib as a “shield” to demand the prisoners’ release did not warrant any immunity for the protestors.
The bench, comprising Acting Chief Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji, rebuked both the State of Punjab and the Union Territory of Chandigarh for their inability to resolve the predicament faced by commuters due to the sit-in protests disrupting traffic flow between Mohali and Chandigarh.
“Only on account of the fact that some of the protestors have been hiding behind a shield of religious legitimacy by placing the Guru Granth Sahib would not as such give the State reason not to act against the persons concerned, who are misusing the religious sentiments,” added the Court.
Highlighting the misuse of religious sentiments by some protestors, who placed the Guru Granth Sahib at the protest site, the Court emphasised that such actions should not deter the state from taking appropriate measures against those responsible.
Moreover, the Court noted the significant inconvenience experienced by commuters and residents of the tri-city area (Chandigarh, Mohali, and Panchkula) due to the obstruction caused by a small number of protestors.
These remarks surfaced during the hearing of a petition filed by the non-governmental organisation Arrive Safe Society last year, seeking the removal of protestors. The petition highlighted the severe inconvenience faced by passengers commuting between Chandigarh and Mohali.
The Court underscored its previous directives, including summoning Punjab’s Director General of Police (DGP) to oversee the removal of protestors. However, it lamented the delays caused by the administrations in Chandigarh and Punjab.
Expressing dissatisfaction with the sluggish approach of authorities, the Court deferred further proceedings until April 18, 2024, expecting prompt action in adherence to the Supreme Court’s stance against protestors occupying public spaces.
This development follows a Public Interest Litigation (PIL) initiated in March 2023 by Arrive Safe Society, contending that the protest, ongoing since January 2023, severely inconvenienced school children and the public requiring medical services. The protestors demanded stricter punishment for sacrilege cases and the early release of Sikh prisoners, including Devinderpal Singh Bhullar and Balwant Singh Rajoana.
Since January 2023, the Quami Insaaf Morcha has maintained a continuous sit-in protest along the road adjacent to YPS Chowk, disrupting traffic flow between Chandigarh and Mohali.
Adding that the State of Punjab and the Union Territory, Chandigarh, are dragging their feet for the reasons best known to them, the Court said, “In spite of the fact that it is well known that all the agitators from the rural background are busy in harvesting and it is most opportune time to remove the blockage of the road.”
The protesters are demanding that the Central Government increase the severity of punishment for sacrilege cases and grant early release based on good conduct to Sikh prisoners such as Balwant Singh Rajoana, who was convicted in the assassination of former Punjab CM Beant Singh, and Devinderpal Singh Bhullar, a convict in the 1993 Delhi bomb blast case.
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