NEW DELHI: The Supreme Court on Saturday expressed its exasperation over resistance put to to shift a farmer leader Jagjit Singh Dallewal from to a medical facility in view of apprehension to deterioration his health conditions due to fast unto death over various demands including legal guarantee of minimum support price for their produce.
"What kind of leaders are these who are allowing 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, heir bonafide is also questionable, you have to evaluate this and assess, you assure Dallewal that you will not make him break his fast," a bench of Justices Surya Kant and Sudhanshu Dhulia told Punjab's Advocate General Gurminder Singh.
Supreme Court Questions Punjab Govt’s Inaction in Farmer Leader Dallewal’s Health Crisis
The apex court also pulled up the Punjab government over its failure to provide medical aid to farmers leader Dallewal, observing time is running out and this crisis needs to be diffused at the earliest.
Dallewal has been on an indefinite fast at the Khanauri border since November 26, demanding the Centre to accept the agitating farmers' demands, including a legal guarantee of minimum support price (MSP) on crops.
SC Criticizes Resistance to Medical Aid for Dallewal Amid Ongoing Farmers’ Protest
Considering a contempt petition, a special bench of Justices Surya Kant and Sudhanshu Dhulia said, "We are absolutely unsatisfied with affidavits filed by the Punjab's DGP and Chief Secretary."
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Punjab's Advocate General Gurminder Singh submitted Dallewal has refused medical intervention, saying that any such move would undermine the movement's cause. He said a day before a high level delegation of MLAs and Ministers tried to convince Dallewal to take medical aid but he refused.
"All efforts to persuade him remained unsuccessful," he said.
To this, the bench said, "All this indicates you are supporting his cause to stay there."
He cited a communication by the farmers leader to the Prime Minister to give a word of assurance on the issue.
"We can't be oblivious of the ground situation...we have to put conciliation before confrontation," he said, indicating any forceful intervention may aggravate the situation on the ground.
He said farmers leaders have given a call to the youth to gather at site to prevent evacuation of Dallewal as the site is under siege.
"Who has allowed this situation to happen...so long as the gathering is a part of farmers movement is understandable but to prevent a person from being shifted to hospital is completely unheard of," the bench said.
"All this is a criminal offence, it is an abetment to suicide. You first create a problem and then take a plea that now there is a problem, you can do nothing," the bench told the Advocate General.
"We are helpless, we are saddled with this problem," the AG responded.
On this, the bench asked him, "Should we record the state is helpless?"
"We are surprised to know that farmer leaders are resisting, what kind of leaders are they if they are not interested in his life or they are interested in something else, you want us to say all this in judicial order," the bench asked the AG.
The court asked the AG to convey this to everyone that those who are resisting 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," the court said.
The law officer, however, maintained the health parameters of the leader was found to be stable.
The bench, however, said, "No pre condition is accepted. This kind of attitude is not acceptable to us. It is not that we are not closing the matter. So far political issues are concerned, we don't want to comment. Again, we are assuring that we have already set up a committee which comprised mostly of farmers representatives."
Solicitor General Tushar Mehta, appearing for the Haryana government, submitted that the Punjab police can't say it would not be able to intervene into the situation as highest court of the country has already assured the farmers.
The bench said we are directing the Centre to provide logistical support if the Punjab government required it.
Mehta, however, said the intervention by the Center may deteriorate the situation.
"Once there is a direction we are bound by it, but there may be a situation where some measures may have to be taken by the Punjab government, and if we provide logistical support, there may be a possibility of somebody alleging that Centre used more force and matter might take a different turn," the bench said.
A counsel submitted Dallewal is also a cancer patient.
"Our orders has to be complied with. How long can he continue like this! How urgent is the situation, don't you think starvation is a problem. Medical aid can be provided in a regular hospital," the bench said, as Punjab's AG submitted the leader was regularly being monitored and he was taking plain water only.
"There may be a situation where medical aid may become too little and too late. Are the farmers leaders interested in his life or something else," the bench orally observed.
After hearing the counsel and Punjab's DGP and Chief Secretary, the bench said, "All that we wish to observe is we are not satisfied with the efforts made by Punjab with regard to compliance of order of December 20."
"Having regard to submission, we are inclined to grant more time to comply with the directions. We direct Union government to provide requisite logistics support for the purpose of compliance of orders," the bench said, fixing the matter for consideration on December 31.
During the hearing, the bench broached the issue of framing charge of contempt against the top officers of the state as compliance report was sought on Friday.
However, the court preferred to grant some more time to the state officers, by telling Punjab DGP and Chief Secretary, "We leave it your expertise, experience and strategies to diffuse the situation".
The court also said it was concerned about the genuine demands of the farmers and hoped all the stakeholders will consider it.
