The Supreme Court has strongly reprimanded the Punjab government for its failure to hospitalise 70-year-old farmer leader Jagjit Singh Dallewal, who has been on an indefinite hunger strike at the Shambhu border since November 26. Dallewal, a prominent leader of the Samyukta Kisan Morcha and Kisan Mazdoor Morcha, is demanding a legal guarantee for Minimum Support Price (MSP) and other reforms vital to the farming community.
The bench, comprising Justices Surya Kant and Sudhanshu Dhulia, delivered a scathing rebuke to the Bhagwant Mann-led AAP government, warning of potential “constitutional consequences” if it continues to neglect its duty in enforcing law and order. Justice Kant questioned the state’s inaction, asking, “Who has allowed such a situation to develop? Can a gathering of protesters dictate terms to the state and prevent a farmer representative in critical health from receiving medical care?”
Punjab’s Advocate General Gurminder Singh informed the court that Dallewal is surrounded by thousands of farmers who have formed a barricade with welded tractors, preventing medical teams from reaching him. Singh argued that any attempt to use force to disperse the crowd could lead to “collateral damage.” He also added that the situation had escalated after farmers were stopped from marching to Delhi at the Shambhu border, and they could not de-escalate unless assured of changes in the MSP law by the Union government.
However, the court rejected this argument, stating that the Punjab government should not act as a “spokesperson for the protesters.” Emphasising the importance of protecting Dallewal’s life, the bench suggested he could continue his protest in a hospital under medical supervision. Justice Kant remarked, “Have you ever seen a group of protesters who want their representative to die? This is peer pressure, not bona fide representation.”
The court’s dissatisfaction with the state’s handling of the situation was evident. It cautioned the Punjab government that its failure to act decisively could lead to “constitutional ramifications.” “Do you want this court to record that the Punjab government is helpless in maintaining law and order? Do you understand the constitutional consequences of such helplessness?” the bench asked.
The court directed the Punjab government to ensure that Dallewal is hospitalised by December 31, 2024, in compliance with its previous order. It made it clear that the state should not submit lengthy affidavits explaining their challenges but instead provide a single-line affidavit confirming their compliance with the court’s directive.
Solicitor General Tushar Mehta, representing the Union government, warned that delays in hospitalising Dallewal would only aggravate the situation. He stated, “Delays in hospitalising Dallewal will lead to more farmers gathering at the site, making the situation worse. The Punjab government must act decisively and maturely.”
The bench also instructed the Punjab Chief Secretary and DGP to ensure that Dallewal receives medical attention by December 31. The court reiterated its earlier directive, stressing the urgency of the matter and the potential consequences if Dallewal’s health deteriorates further. “He is a public personality representing farmers’ interests. If something untoward happens, the blame will squarely fall on the state machinery,” the bench cautioned.
While the court took the matter seriously, it reminded the Punjab government that a high-powered committee had already been formed to address the grievances of farmers and invited them to present their concerns directly.
The case has been adjourned until January 2, 2025, with the court expecting the Punjab government to comply with its directive before then.
