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Synopsis

Owing to farmer leader Jagjit Singh Dallewal's deteriorating health conditions, the Supreme Court of India has today directed the Punjab government to get his 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 has ordered.

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

The bench also comprising Justice Ujjal Bhuyan observed today that it was the constitutional duty of State of Punjab to make sure no harm was caused to Dallewal.

A report by the Department of health was submitted today before court based on the blood samples of Dallewal. After going through the same, Justice Kant had asked the Punjab Advocate General Gurminder Singh, "Why cant' you shift him to temporary hospital?".

In response, the AG submitted, "They say you cannot cause any trauma while shifting..shifting is not a problem till there is no resistance..he is a little frail and given his age, any kind of jostling will create a problem..".

Hearing this, Solicitor General Tushar Mehta, who was also present in court suggested, "If the court directs the government, it will strengthen their hand..".

 

Two days back, Supreme Court had 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. 

In February this year, a plea was filed before the Supreme Court for a direction to the central government to consider farmers' reasonable demands, and free movements of public and transportation vehicles across border of the city of Delhi amid the ongoing farmers' protest in Punjab.

On March 13, Supreme Court had rejected a similar plea against the ongoing farmers protests at Shambhu and the Khanauri border points between Punjab and Haryana. The plea sought removal of blockades by farmers and issuance of guidelines so that it is not repeated.

Case Title: State of Haryana vs. Uday Pratap Singh