Farmers protest: SC raises serious concern on farmers’ resistance to Dallewal’s transfer to hospital

New Delhi [India], December 28 (ANI): The Supreme Court on Saturday raised serious concern on some farmer leaders not allowing Jagjit Singh Dallewal, who is on a fast-unto-death since November 26, to be shifted to hospital due to his deteriorating health condition.

“Please communicate to them that those who are resisting Dallewal’s hospitalisation are not his well wishers,” a bench of Justices Surya Kant and Sudhanshu Dhulia told Punjab Chief Secretary who was appearing before the bench through video conferencing.

It also expressed dissatisfaction on the Punjab government’s argument that the state was “helpless and saddled” as other protesting farmers were obstructing its attempts to secure medical aid to Dallewal.

“If state machinery says you are helpless, then do you know what is the repercussion. You are a constitutionally elected government… Court is not saying use unwanted force,” said Justice Kant.

Punjab Advocate General Gurminder Singh told the apex court that “Farmers are keeping close vigil around the protest site. If a move is made to take him somewhere, then…”

Reacting to it, Justice Kant said, “So long as the gathering is there for the purpose of the demands raised by farmers, it is understandable. That is peaceful agitation for the purpose of raising their demands, and voice in a democratic manner… But gathering of farmers to prevent a person from shifting to the hospital, who requires immediate medical aid, is something which is completely unheard of.”

Justice Dhulia added, “This is actually abetment to suicide… You first create a problem and then take a plea, now that there is a problem we cannot do anything.”

It said that government has to comply with the December 20 order of the top court to provide medical aid to Dallewal and to convince him to go to a hospital if necessary.

During the hearing, Chief Secretary and Director General of Police (DGP) of Punjab government told the bench that if the evacuation of Dallewal is not peaceful considering that the farmers are resisting his shifting, there would be “collateral damage”.

“If there is resistance to a lawful action, you will have to face it and meet it with whatever the law enforcement agencies do it normally… What appears to be the scenario is that Dallewal is refusing despite the fact that his health is not supporting him… He appears to be under the peer pressure,” Justice Kant said.

“There are some farmers leaders, we don’t want to comment on their conduct. What kind of leaders are they if they are allowing him to die there? Please try to read in between the lines. Who are these people? Are they interested in Dallewal’s life or do they want him to die there at spot? Their intention is questionable. We don’t want to comment on what kind of conduct they are exhibiting… Even if you shift him to the hospital, you can assure Dallewal that you will not allow him to break his fast. A person with medical aid can also continue that,” said the bench.

The bench also questioned Central government asking what is it doing to diffuse the situation. Even a word from Union can help diffuse the situation, said Justice Dhulia.

Passing the order, the apex court said it is not satisfied with the efforts of the State of Punjab regarding compliance of its orders dated December 20 and on assurance by Advocate General of Punjab, Chief Secretary and DGP it granted more time to take appropriate steps to comply with its directions. The bench said if the state of Punjab requires any assistance, Central government to give all requisite support to ensure compliance with court’s directions.

The top court said it will hear the case next on December 31.

The apex court was hearing a contempt petition against its Chief Secretary and DGP of Punjab for non-compliance with December 20 top court order regarding medical aid to Dallewal and to convince him to go to hospital. It had on Friday issued notice to the Chief Secretary and DGP to file a compliance report by Saturday.

Dallewal, the convener of the Samyukta Kisan Morcha (Non-Political) has been on a fast-unto-death at the Khanouri border to press the Centre to accept the farmers’ demands, including a legal guarantee of minimum support price (MSP) for crops. The top court has been asking Punjab government to ensure Dallewal gets proper medical aid during fast-unto-death.