Apex Court expressed unhappiness over misinterpretation of courts direction to stop Dallewal’s hunger strike; issues fresh directions
Kanwar Inder Singh/ royalpatiala.in News/ January 2,2025
Today, the apex court expressed displeasure at the Punjab Government for not shifting farmers’ leader Jagjit Singh Dallewal, to hospital in terms of the earlier directions. Jagjit Singh Dallewal is on fast-unto-death at Punjab’s Khanuri border since November 26 last year.
Resuming the hearing, a bench comprising Justice Surya Kant and Justice Ujjal Bhuyan expressed unhappiness that the Court’s intentions were misinterpreted as a direction to stop Dallewal’s hunger strike .Justice Kant clarified that shifting Dallewal to hospital does not mean that he should break his fast and that he can continue his hunger strike under medical aid.
Dallewal has been on fast-unto-death since November 26 at the Khanauri border, demanding the Union Government to accept farmers’ demands including a statutory guarantee for Minimum Support Price for crops. Apart from being a cancer patient, Dallewal suffers from age-related ailments.
When AG Punjab Gurminder Singh informed the bench that the negotiators have been trying to persuade Dallewal to take medical aid, Justice Kant told him:
“Please explain one thing Mr.Advocate General. There appears to be a deliberate attempt in the entire media where your state govt officers are trying to create an impression that there is a persuasion by the court to Mr.Dallewal to break the fast. That’s why he is probably reluctant. Our directions were not to break his fast. We only said that let his health part be taken care of and he can continue his peaceful protest even when he is hospitalised. You have to persuade him from this angle. Shifting to the hospital does not mean he will not continue his fast. There are medical facilities which will ensure that no harm is caused to his life. That is our only concern. His life is precious as a farm leader. He is not aligned to any political ideologies and he is taking care of only the farmers’ cause.”
AG conveyed to the bench the stand of Dallewal that he would take medical aid only if the Centre was ready for talks. “We have tried to convince him to take medical aid as per your lordships’ directions. Our people are on the site. He is of the firm opinion that he will definitely accept medical help subject to some intervention[of Centre].”
“Mr.Advocate General, not even a single time your officers have gone there, your ministers have gone there…please don’t force us to say many things. Have you ever told them that we have constituted a committee for this purpose?” Justice Kant asked. AG answered in the affirmative, adding that the Committee has called the farmers for talks tomorrow.
“Once Mr.Dallewal’s health part is taken care of, he can continue on fast, of course with the support of medical aid. Once we are satisfied that his life is not in danger, the role of the committee becomes easier…” Justice Kant said.
As per Live Law, Justice Kant also lashed out against persons who were making “irresponsible statements” to complicate the issue. “There are people who are making irresponsible statements. We are aware. There are some so-called farmers leaders who are making irresponsible statements to complicate things. What are their bona fides is a matter to be looked into,” Justice Kant said.
Apex Court expressed unhappiness over misinterpretation of courts direction to stop Dallewal’s hunger strike; issues fresh directions to hear the developments on next Monday. The Court also heard a fresh petition filed by Dallewal through his next friend raising broader issues relating to farmers protests. The bench directed that a copy of Dallewal’s petition be served on the Union Government.
On December 20, an order was issued directing the Punjab State authorities could either shift Dallewal to the makeshift hospital (temporary hospital, which is said to have been set up at a distance of 700 meters from the site) or to any other well-equipped Hospital. Against the non-compliance of this order, a contempt court was filed, which was heard by a vacation bench of Justices Surya Kant and Sudhanshu Dhulia.
The matter was taken up on three occasions, wherein the Court directed the Chief Secretary of Punjab and Director General of Police of Punjab to make all arrangements to shift Dallewal to the hospital.
It should be noted that while the Punjab Government has taken a stand that the Union’s intervention might help in diffusing the situation at hand, the Union has taken a contrary stand that their intervention will deteriorate the situation further.
