SC pulls up Punjab govt over non-hospitalisation of farmer leader Jagjit Singh Dallewal

New Delhi, Dec 28 In a special sitting on Saturday, the Supreme Court pulled up the Punjab government over its failure to hospitalise farmer leader Jagjit Singh Dallewal, who is on a fast unto death.

The 70-year-old cancer patient has been fasting at Khanauri, the border point between Punjab and Haryana, since November 26 in support of their long-pending demands, including a legal guarantee for Minimum Support Price (MSP) for crops, loan waiver and reforms to improve conditions in the agricultural sector.

A Vacation Bench headed by Justice Surya Kant told Punjab’s Advocate General (AG) Gurminder Singh to comply with its earlier orders, where the Punjab government was directed to ensure the stable health condition of Dallewal.

“It is entirely the responsibility of the State of Punjab to ensure the stable health condition of Mr Jagjit Singh Dallewal, for which if he requires hospitalisation, the authorities must ensure to do so. The State Government, therefore, will take a call as to whether Mr Dallewal can be shifted to the makeshift hospital (temporary hospital, which is said to have been set up at a distance of 700 metres from the site) or to any other well-equipped hospital,” the SC had ordered on December 20.

After AG Gurminder Singh stated that other protesting farmers were obstructing the medical aid to Dallewal, Justice Kant-led Bench suggested that it can direct the Union government to provide logistical aid.

The apex court ordered the Punjab Chief Secretary and Director General of Police (DGP) to comply with its judicial orders within two days and posted the matter for hearing on December 31.

It cautioned that if orders are not followed, the Supreme Court will consider framing charges of contempt of court against the officials on the next date of listing.

On Friday, Justice Kant-led Bench issued notice on a plea seeking contempt action against the Chief Secretary of Punjab for not complying with the apex court’s orders.

It said, “Medical aid has to be given (to Dallewal) and the impression is that you (Punjab authorities) are not following our orders.”

Expressing concern over Dallewal's life and safety, it had ordered the Punjab government to comply with its direction to get him hospitalised.

In an earlier hearing, the Justice Kant-led Bench said that protesting farmers are free to put their grievances directly before the top court after it was told that the farmer leaders did not attend the meeting with the court-appointed panel.

Remarking that the court's doors were always open, it said that farmers could put forth their demands directly before the apex court or through their authorised representative.

Before this, the Supreme Court had refused to entertain a fresh plea seeking directions to immediately clear the blockage of national as well as state highways in Punjab, which "alleged farmers and farmer unions" have blocked permanently for an indefinite period. "Why are you filing repeated petitions? We are already seized of the matter and have already taken some initiatives. There is no question of repeated petitions," it told the PIL litigant.

"In pending PIL, we never say ‘no’ to any counsel. You assist us on the fixed date, we will see what orders could be passed on the opening of highways," the apex court said.

Saying that no fresh petition should be entertained on the same subject matter, it proceeded to dismiss the fresh plea but granted liberty to the petitioner’s counsel to assist in the pending matter relating to the "larger public interest issue".

In September, the Supreme Court ordered the formation of a committee to amicably resolve the grievances of the farmers protesting at the Punjab-Haryana border. It had suggested the panel headed by Justice Nawab Singh, a former judge of Punjab and Haryana High Court, to hold negotiations with the protesting farmers for the removal of their tractors, trolleys, etc from the National Highway for the ease of the general public.

Further, the apex court had granted liberty to farmers to shift their peaceful protests to an alternative site. Apart from Justice Nawab Singh, the panel comprised former Haryana DGP B.S. Sandhu, agricultural analyst Devender Sharma, Prof Ranjit Singh Ghuman, agricultural economist Dr Sukhpal Singh, and Prof Baldev Raj Kamboj as a special invitee.