NEW DELHI: Prodding the protesting farmers to adopt the Gandhian way, the Supreme Court on Friday observed that the protesters at the Shambhu border could temporarily shift the venue and clear the highways or perhaps even temporarily suspend the ongoing agitation with a view to enable the committee to make its recommendation after due consideration by the stakeholders.
The apex court also voiced concern over the deteriorating health of Punjab farmer leader Jagjit Singh Dallewal, who has been on a fast-unto-death for the last 17 days, and asked the Centre and Punjab government representatives to immediately meet with the farmer leader and provide immediate medical aid but warned against the use of any force to break his protest.
A bench of Justices Surya Kant and Ujjal Bhuyan said: "Farmers should not get violent and do peaceful agitation. They should adopt the Gandhian way of protests because their grievances are being looked into.”
The top court said it was harsh winters and the agitating farmers at the Shambhu and Khanauri borders should not get violent and disrupt highway traffic.
The apex court said a high-powered committee constituted by it, which was stated to be doing a good job, will talk to the protesting farmers and make recommendations to the court, which will eventually be put to the stakeholders for a decision.
The bench said: "We should not pass any order that is difficult to implement. It is the stakeholders who will ultimately have to take a decision."
On the deteriorating health of Mr Dallewal, the top court said, "It is the bounden duty of the state of Punjab and the Union of India to take all peaceful measures and provide adequate immediate medical aid to Mr Dallewal without forcing him to break the fast unless it is imperative to do so to save his life."
"In this regard, the DGP, Punjab, and his officers, along with the representative of the Centre, if it helps in diffusing the crisis, may immediately meet Mr Dallewal and other farmers leaders who are sitting at the dharna so as to convince them that the first priority as of now should be to provide the adequate emergent medical aid to Mr Dallewal."
The top court was hearing a plea by the Haryana government against the Punjab and Haryana high court’s direction to remove the blockade at the Shambhu border. The Haryana government moved the top court following an order of the Punjab and Haryana high court for the removal of the barricades at the Shambhu border after consultations with the Punjab government.
The bench observed that the member secretary (high-powered committee) was present in the court and had assured in its next meeting it will persuade the farmers in the light of the court's suggestions to temporarily suspend the protest or shift to another venue.
The bench directed the committee to file a short status report to this effect and the top court will look at the shifting of the farmer leader to a hospital on December 17.
Justice Kant told solicitor-general Tushar Mehta and Punjab advocate-general Gurminder Singh to immediately do whatever was needed to preserve the health of the farmer leader.
The bench indicated if a need arose, Mr Dallewal could be shifted to PGIMER in Chandigarh or any other hospital in Patiala.
Mr Dallewal has been on an indefinite fast at the Khanauri border between Punjab and Haryana since November 26 to press the Centre into accepting the agitating farmers' demands, including a legal guarantee of minimum support price (MSP) on crops.
During the hearing of the matter, one of the counsel handed over media reports where it was stated Mr Dallewal, a senior citizen, was on an indefinite fast for the last 17 days and his health was deteriorating.
When the Punjab advocate-general sought to highlight the issue of over 2,000 farmers surrounding Mr Dallewal, the bench said Punjab government officials were on the ground talking to him, and therefore, efforts should be made to persuade him to end his fast.
"Your officers have direct access to him. They are in a position to have a direct dialogue and communication and even other farmer leaders who are sitting with him. They will also realise that the life of Mr Dallewal is more precious than anything else," the bench said.
Farmers under the banner of the Samyukta Kisan Morcha (non-political) and the Kisan Mazdoor Morcha have been camping at Shambhu and Khanauri border points between Punjab and Haryana since February 13 after their march to Delhi was stopped by the security forces.
The Haryana government set up the barricades on the Ambala-New Delhi National Highway in February after farmer groups announced that they will march to Delhi in support of their demands, including legal guarantee of MSP for their produce.
In its interim report, a Supreme Court-appointed panel on farmers' grievances listed reasons for agrarian distress, which, among others, include stagnant yield, rising costs and debts and an inadequate marketing system.
The high-powered committee, constituted on September 2 under former Punjab and Haryana high court judge Nawab Singh to resolve the grievances of farmers agitating at the Shambhu border, suggested solutions including examining the possibility of giving legal sanctity to MSP and offering direct income support.�