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SC asks panel to mediate with farmers over highway blockade, suspension of agitation

Dec 13, 2024 01:08 PM IST

SC asks high powered panel to meet agitating farmers, persuade them to temporarily suspend their protest or shift from highways

The Supreme Court on Friday directed the court-appointed high-powered panel to engage with protesting farmers to persuade them to temporarily suspend their agitation or relocate it from highways along the Punjab-Haryana border, while ensuring that the well-being of farmer leader Jagjit Singh Dallewal, whose fast-unto-death entered its 18th day, remains a top priority.

The court also highlighted the need to prevent violence and maintain public order. (AFP photo)
The court also highlighted the need to prevent violence and maintain public order. (AFP photo)

A bench of justices Surya Kant and Ujjal Bhuyan, while hearing the matter, emphasised the constitutional right to protest but urged that it be conducted peacefully in line with “Gandhian principles”.

The court also highlighted the need to prevent violence and maintain public order.

“Let no force be used. Farmers should also agitate peacefully. Peace must be maintained,” the bench observed.

The court took note of Punjab advocate general Gurminder Singh’s contention that the farmers’ blockade of major highways, including the arterial Khanauri-Shambhu stretch, is causing significant economic disruption for the state.

“Finances of the state are suffering,” Singh informed the bench.

However, the court refrained from issuing directives that it deemed impractical, stating that resolving the underlying cause of the protests is paramount.

“The blockade of the highway is for a reason, and we wanted the cause to be identified and resolved. The primary task of the committee is to convince the farmers to either shift or suspend their agitation pending decisions of the governments,” said the bench.

Also Read: Policymakers must directly engage with farmers for crop diversification push: Experts

It also underlined that the panel, appointed by the top court to address demands of farmers who have been protesting along the Punjab-Haryana border since February, would be in a better position to persuade the protesting farmers to either shift their movement from the highways or suspend it temporarily.

“This is something the committee will be in a better position to handle. They can talk to the farmers. We are not saying for a moment that they must withdraw their agitation. They have a constitutional right to protest but they could consider suspending their agitation for a while to monitor the progress,” it told Singh.

The court-appointed committee, chaired by retired high court judge justice Nawab Singh, has been tasked with mediating between the farmers and the government. Justice Singh assured the court that the panel would immediately take up the matter and submit a short affidavit on its progress. “The primary task of the committee is to convince the farmers to either shift or suspend their agitation pending decisions of the governments,” it said.

The bench also took serious note of the deteriorating health of Dallewal, a senior citizen who has been on a hunger strike since November 26, demanding MSP legalisation. “His life is very precious. Punjab and the Centre must ensure 24/7 medical assistance for him,” the court directed.

It urged both the Centre, represented by solicitor general Tushar Mehta, and the Punjab government to prioritise dialogue with Dallewal and other farmer leaders, emphasising that any persuasion should be conducted without coercion. “Don’t force him to break his fast but do everything possible to protect his life,” it added.

SG Mehta and advocate general Singh assured the court of their commitment to Dallewal’s well-being. “We are concerned about his life,” Mehta said.

While agreeing that force should not be used to shift Dallewal, the bench advised the governments to engage in direct dialogue with him and other farmer leaders. “It will be a bouncer duty of Punjab and Centre to provide all immediate medical aid without forcing him to break his fast unless that becomes necessary to save his life,” the court ordered.

Dallewal has framed the demand for MSP as fundamental to the survival of farmers, equating it to the constitutional right to life. In a letter to Prime Minister Narendra Modi on Thursday, he described MSP as essential for safeguarding the future of agriculture and rural livelihoods.

“This is a fight for saving the future of Punjab and its water. It is important to win this fight,” Dallewal said in a recent video message.

Farmers under the banners of Samyukta Kisan Morcha (Non-Political) and Kisan Mazdoor Morcha have been protesting since February, demanding MSP legalisation and other agricultural reforms. Recent attempts to march to Delhi were blocked by security forces, intensifying tensions. Another attempt to march to Delhi has been scheduled for December 14.

The Supreme Court-appointed committee, in its report submitted in November, painted a grim picture of India’s agrarian economy, marred by rising debt, stagnant incomes, and climate challenges. It advocated for serious consideration of farmers’ demands, including a legal guarantee for MSP, as a means to restore confidence in the agricultural community.

Highlighting systemic issues, the report noted that institutional debt in Punjab and Haryana alone exceeds 1.5 lakh crore, with non-institutional debt adding to the burden. It also drew attention to climate change, unsustainable cropping practices, and stubble burning, which have exacerbated the crisis.

Central to the farmers’ demands is the legal sanctity of MSP, a mechanism that guarantees minimum prices for agricultural produce. Addressing this, the report advocated evaluating the legal guarantee for MSP to restore confidence in the farming community. It also added that the committee strives to recommend appropriate policy measures “to ensure that farmers do not have to sit on protest every now and then.”

The committee’s formation followed protests by farmers demanding solutions to their long-standing grievances, including MSP legalisation. One such protest, at Khanauri in February, turned deadly when clashes between farmers and Haryana security forces left 21-year-old Shubhkaran Singh dead. The Haryana government’s appeal against a Punjab and Haryana high court directive to investigate Singh’s death brought the issue to the Supreme Court’s doorstep.

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