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Synopsis

The Supreme Court yesterday came down on the Punjab government for creating an impression that court wants farmer leader Jagjit Singh Dallewal to break his fast as he accepts medical aid.

"Why is Punjab government creating an impression that Mr. Dallewal is supposed to break his fast..you have to pursuade him to shift, that will not break his fast...we just want medical aid so that no harm is caused to his life..your authorities are unnecessarily doing it like this...", a miffed Justice Surya Kant asked the Punjab Advocate General appearing before him.

In response, the Punjab AG submitted that Dallewal was of the firm opinion that he will accept medical help subject to some intervention and his resistance was not the state's doing.

"Have you ever told them that we have constituted a committee..YOUR ATTITUDE IS NOT THAT THERE SHOULD BE A CONCILIATION...once we are ensured that his life is not in danger, the role of the committee also becomes very important..", Justice Kant further told the AG.

Court has now posted the original petition on Shambhu Border blockade owing to the farmers protest and the contempt petition against Punjab for not providing medical aid to Dallewal to be heard on Monday.

On December 31st, 2024 Supreme Court was informed that a proposal had been submitted before the Central government stating that if the farmers are invited to hold talks, Dallewal will accept medical aid.

As a bench of Justices Surya Kant and Sudhanshu Dhulia took up the contempt petitions against Punjab government for not providing medical aid to Dallewal, Punjab Advocate General Gurminder Singh had apprised court that an application had been filed seeking more time for compliance. 

"The intervenors had gone there and talked, two things have happened, a Punjab Bandh was declared yesterday, no movement was allowed and second part is that there is a proposal given to the Centre saying that if they get an invite to talk, Dallewal will accept aid..", the Punjab AG further told court. "We are not concerned with that, we are only concerned with compliance, whatever is going on we cannot comment on that..", Justice Kant said in response.

Court had then posted the matter on 2nd January while noting, "Three days additional time has been sought for compliance of our directions. Learned AG while supporting the prayer has made some additional oral submissions. Taking into consideration the totality of circumstances, we are inclined to accept the request to afford some more time for compliance of the directions".

On the last hearing, Supreme Court had questioned the intentions of the farmer leaders who are not allowing farmer leader Jagjit Singh Dallewal to be shifted to a hospital for necessary medical aid. 

"What kind of leaders are these who are allowing Mr. Dallewal to die there at the spot..please try to read in between the lines..are they interested in Dallewal's life or they want him to die there..their bonafide is also questionable..you have to evaluate this and assess..", Justice Surya Kant led bench had told the Punjab AG.

"You have to convey this to everyone that those who are resisting Mr. Dallewal's shifting to a hospital are not his well wishers...they are depriving the leadership of a very precious leader..once he is provided medical aid, they can lead the movement..", Justice Kant had further said.

Solicitor General Tushar Mehta appearing for the Haryana government had also submitted before the bench his concern saying, "as the leaders have asked more and more farmers to gather at the site..with each passing day the situation will deteriorate, not just health wise but law and order wise also...".

Earlier, Justice Dhulia, also a part of the bench has asked Punjab government to take the situation seriously. "Somebody's life is at stake..perhaps you are not (taking situation seriously), otherwise you would have given him medical aid by now..", Justice Dhulia has told Punjab AG.

Owing to Dallewal's deteriorating health conditions, the Supreme Court of India had directed the Punjab government to get him hospitalized. "The authorities will ensure to get him hospitalized. They are to take a call if he can be shifted to a temporary hospital set up 700mts from the site of the farmers protest or otherwise.", a Justice Surya Kant led bench had ordered.

A fresh medical report about the health stability and the necessary steps taken in the meanwhile was also directed to be filed by Chief Secretary, Department of Health, Punjab and Chairperson of medical board constituted to monitor health condition of Dallewal.

Supreme Court had recently directed the Punjab government to ensure that medical aid was provided to Dallewal, who has decided to fast unto death. "He needs to be healthy to protest..government would not like to invite blame that something happened to him.. even farmers should be concerned about his life..", Justice Surya Kant had told the Punjab AG.

On the court being informed that the farmers did not want to engage with high powered committee appointed by it, the top court had said, "Court's doors are always open for any suggestions by the farmers".

Earlier, on December 13, top court had issued an order mandating engagement of government authorities with farmers and protection of Dallewal’s well-being. The order underscored the farmers’ constitutional right to protest but called for peaceful demonstrations, in line with “Gandhian principles.” 

Dallewal’s hunger strike, which began on November 26, is part of a larger movement demanding the legalisation of MSP and broader agricultural reforms. Protesting farmers, under the banners of Samyukta Kisan Morcha (Non-Political) and Kisan Mazdoor Morcha, have been demonstrating at the Punjab-Haryana border since February.

Their blockade of major highways, including the Khanauri-Shambhu stretch, has caused significant disruptions to public movement and economic activities in the region

Recently, supreme court had asked Dallewal to ensure that the ongoing protest does not obstruct highways or cause inconvenience to the public at large. 

Notably, Dallewal had been allegedly illegally detained from the protest site at the Khanauri border, adjoining Delhi. He had planned to agitate and undertake a fast until his demand for a legal guarantee of Minimum Support Price (MSP) for crops was met.

However, he was admitted to a hospital in Ludhiana, after which he approached the Supreme Court, alleging that his hospital admission was forced and amounted to detention. 

Case Title: Labh Singh vs. KAP Sinha