‘Dilli Chalo’: Explain the basis of blocking roads, High Court asks Haryana

Tribune News Service

Saurabh Malik

Chandigarh, February 13

The Punjab and Haryana High Court today questioned the State of Haryana on placing blockades on the highway in view of the farmers’ march. The observation came as a Division Bench asked the parties involved in the matter to “sit down and solve the problem”, while directing the filing of status reports by the States of Punjab, Haryana and the UT of Chandigarh.

“Keeping in view the exigencies of the situation and the general hardship being caused to the public, the court is sanguine that all the parties to the present dispute would make efforts to sit down and solve the problem, and even if a demonstration has to take place, an area should be identified by both the States to allow peaceful agitation by the protesters,” the Bench of Acting Chief Justice GS Sandhawalia and Justice Lapita Banerji asserted.

As a bunch of petitions on the issue came up for preliminary issue, the Bench directed that the Kisan

Mazdoor Morcha and Samyukta Kisan Morcha (non-political) should be made “necessary respondents”. The State of Delhi, through its Home Secretary, was also directed to be made a “necessary party”.

The Bench asserted it was undisputed that the right to free passage of the public at large was to be balanced with the right to freedom of speech and expression and “none of them existing in isolation can be put forth so that the general public is not put to any inconvenience”.

The Bench added interim order dated September 23, 2022, passed by the court in another matter was also referred to during the hearing, wherein it was noticed that the word “caution” was to be kept in mind. The matter was required to be resolved amicably and resort to force was to be the last option, and that too when there was no way out.

At the very onset, the Bench observed that the farmers were passing through highways, adding that they had the right to movement and to assemble. “On what basis are you blocking the roads? What are the reasons? Are they agitating in Haryana?” the Bench asked.

Additional Solicitor-General of India Satya Pal Jain told the Bench that two meetings held to resolve the issues raised by the agitators were, among others, attended by Union ministers and Secretaries. A committee was also formed following the agitation in 2022, but it became non-functional on account of boycott by farmers’ bodies.

Haryana Additional Advocate-General Deepak Sabharwal submitted that Haryana had taken necessary precautions, having received an advisory from the Union of India. Besides this, they had an apprehension that tractor-trailers had been modified to storm barricades. The protesters were equipped for a “long sit-out”.

Punjab Advocate-General Gurminder Singh, on the other hand, submitted that they had not set up any barricades or hindrances to ensure free movements on the highways since the protest was peaceful.

Observations by double Bench

• Even if demonstration has to take place, area should be identified by both States to allow peaceful agitation by protesters
• The right to free passage of the public was to be balanced with the right to freedom of speech and expression
• Resort to force was to be the last option, and that too when there was no way out

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