Chandigarh: Farm activists at the Khanauri border point have increased security around the protest site, fearing that the Punjab government might once again try to whisk away the fasting veteran farmer leader Jagjit Singh Dallewal and get him hospitalised.
The steps came in the wake of the Supreme Court's order that gave the Punjab government time till December 31 to persuade Dallewal, who has been fasting for over a month, to shift to hospital.
The 67-year-old has been on hunger strike since November 26 to press the Centre to accept farmers' demands, including a legal guarantee for a minimum support price (MSP).
The apex court on Saturday granted the state government additional time to comply with its December 20 order and instructed the Centre to provide logistical support if requested.
The Punjab government, while acknowledging the court's concerns, maintained that the government was in a difficult position.
"The entire protest site is under siege by farmers who refuse to let him be moved. Any use of force may lead to collateral damage, both to the farmers and the police," Punjab Advocate General Gurminder Singh argued in the court.
The farmers have set up 24x7 vigils at the site and restricted access to Dallewal has become a major challenge for the police.
The Supreme Court on Saturday lashed out at the Punjab government for its inability to hospitalise Dallewal, who has been on a hunger strike for over a month, despite repeated medical advice, observing that this is not just a "failure of law-and-order machinery" but also an "abetment to suicide".
Marking the second consecutive day the state faced the court's ire for not complying with repeated orders to ensure Dallewal's hospitalisation, the top court also lambasted those obstructing his hospitalisation, stating that the Supreme Court would not succumb to pressure and would not tolerate "a violent face" of the farmers' movement.
Convening a special sitting during the vacation, a bench of justices Surya Kant and Sudhanshu Dhulia condemned the state's handling of the situation, questioning why it allowed "a virtual fort to be created" around the protest site, adding the state government seems to support the agitation that may result in Dallewal's death.
The matter has been adjourned to December 31, with the court warning that it would take strict action against the state chief secretary KAP Sinha and DGP Gaurav Yadav if its directions regarding Dallewal's hospitalisation were not followed.
The Bhagwant Mann-led Aam Aadmi Party (AAP) government came under fire from the Supreme Court on the second consecutive day on Saturday even as the state's chief secretary and director general of police (DGP) cited "fear of resistance and violence" and "collateral damage" as reasons for not being able to shift Dallewal to a hospital.
The two officers, who face contempt proceedings for not complying with the December 20 order of the court regarding Dallewal's hospitalisation, remained present virtually during the court proceedings, as per the bench's directive on Saturday.
Punjab's advocate general Gurminder Singh went on to the extent of saying that the state is "helpless" in complying with the court order for moving Dallewal to a hospital.
Singh informed the court that multiple medical boards have been monitoring Dallewal's health and that senior Ministers and the Punjab Assembly Speaker Kultar Singh Sandhwan had attempted to persuade him to seek medical aid.
However, Dallewal and several groups of farmers continued to resist hospitalisation, citing their demands for MSP guarantees and other agrarian reforms.
Reading out the affidavit submitted by the chief secretary and DGP, the Attorney General admitted that multiple groups of farmers had encircled the protest site, preventing authorities from moving Dallewal to a hospital.
"Who has allowed this situation to perpetuate? Who has let a virtual fort be created around him? Is this not a failure of law-and-order machinery?" the bench asked pointedly.
"This is not a question of demands or agitation. Preventing someone who is critically unwell from receiving medical treatment is unacceptable and unheard of. This is a criminal offence and nothing short of abetment to suicide," it added.
The bench further observed that the Punjab government's actions suggested tacit support for the protestors preventing Dallewal's hospitalisation.
"Your affidavit gives the impression that the state is supporting him in continuing his fast at the site. Let us be very clear -- the farmers' agitation is a separate issue and we have repeatedly said through our orders that their demands would be looked into. But allowing a man’s life to be endangered in this manner is a failure of constitutional duty," the bench remarked.
The court expressed dismay that the state was failing to strike a balance between maintaining law and order and protecting human life. Addressing the AG and the top officials present, the bench said: "Your officers have seen Punjab’s history of tackling significant challenges. Punjab has a glorious history of dealing with difficult situations in the past."
As Singh said that farmers could agree to Dallewal's hospitalisation if some "conciliation" was offered to them, the court responded: "It's becoming clear that the government is speaking in their voice, but we are a constitutional court and we will not budge. If anyone wants to pressure us or put a precondition, we are not going to accept it...And you don't have to be their spokesperson. We have already offered our platform to them."
The bench granted the Punjab government additional time to comply with its December 20 order. It also instructed the Centre to provide logistical support if requested.
"We are with the people of Punjab and the farmer community. Our orders are not adversarial but aim to protect the life of one of the state’s tallest farmer leaders," the court said.
The matter has been adjourned to December 31, with the court warning that it would take strict action against the state chief secretary and DGP if its directions regarding Dallewal's hospitalisation were not followed.
The court also questioned the motives of those obstructing Dallewal's hospitalisation, describing their actions as detrimental to the farmer community.
"There appears to be peer pressure. What kind of farmer leaders are there who want Dallewal to die? We don't want to comment on the bona fide of such leaders who want him to die like this. He seems to be under pressure or such kind of leader. If Dallewal is under peer pressure, what does it say about the bonafide of these so-called leaders?" the bench asked.
Emphasising the urgency of the situation, the court observed, "Dallewal can continue his fast in a hospital where his vitals can be managed. He does not need to break his fast, but he cannot be allowed to endanger his life in this manner."
It told the top officers that they must communicate to the people at the protest site that those preventing Dallewal's hospitalisation want to deprive the farmer community of one of its tallest leaders.
During previous hearings on December 18 and 20, the court had cautioned that "the entire state machinery will bear the blame" if any harm befell Dallewal.
Dallewal's hunger strike, which began on November 26, is part of a broader agitation demanding systemic agricultural reforms and legal guarantees for MSP. Protests under the banners of the Samyukta Kisan Morcha (Non-Political) and Kisan Mazdoor Morcha have caused significant disruptions in Punjab and Haryana.
Despite mediation efforts by a Supreme Court-appointed committee, the impasse has continued.
The committee's report has highlighted critical agrarian challenges, including unsustainable farming practices and mounting farmer debts, urging swift government intervention.
IANS