Why the Centre can’t open door to farmers, asks SC

Supreme Court judge, Justice Surya Kant, made it clear on Thursday that efforts to hospitalise farmers’ leader Jagjit Singh Dallewal is not a ruse to derail his hunger strike. He lashed out at the Punjab government and other farmers’ leaders for deliberately creating such an impression in the media.

His companion judge on the Bench, Justice Ujjal Bhuyyan, separately questioned the Centre’s persisting reluctance to come out with a statement that its “doors are open” to consider the “genuine grievances” of the protesting farmers.

Both judges on the Bench seemed to be keenly aware that Dallewal’s medical condition was getting risky by the day. “This issue is becoming more and more sensitive, and time is passing,” Justice Kant observed.

“Why cannot your client make a statement that you will consider the genuine grievances of the farmers… That your doors are open… Why can’t the Central government make a statement?” Justice Bhuyyan asked Solicitor General Tushar Mehta, who appears for the Haryana government in the case but has also made submissions on behalf of the Centre as its top law officer.

‘Several factors weighing in’

Mehta said there were “several factors weighing in” for the Centre. He underscored that the issue currently before the court was the health of one individual, Dallewal. The law officer assured the Centre was “concerned with each and every farmer”.

But Justice Bhuyyan said Dallewal’s continuing fast, which has crossed over 35 days, was surely linked to a face-to-face with the Centre. “That is linked to this…” Justice Bhuyyan remarked. In the last hearing, the Punjab government had told the court that Dallewal was ready to seek medical help, provided the Centre engaged with the farmers.

Justice Bhuyyan is the second Supreme Court judge to raise a query on the Centre’s role. Previously, Justice Sudhanshu Dhulia, during a vacation hearing, had orally remarked that “one word from the Centre may defuse the situation” as “time was running out for the gentleman (Dallewal)”.

Union Agriculture Minister Shivraj Singh Chouhan has reportedly said the Centre would accept whatever decision the apex court takes on Dallewal’s hunger strike.

The farmers are demanding the enactment of a law that ensures a guaranteed minimum price for crops. They argue that a legal guarantee would protect their income and stabilise the agricultural market. Farmers havecamped at Shambhu and Kanauri borders of Punjab and Haryana ever since their march to Delhi was stopped in February 2024. An apex court-appointed high-power committee headed by former High Court judge, Justice Nawab Singh, has sent an invitation to the farmers for a virtual meeting on January 3.

Justice Kant accused the Punjab government, its officers and even farmer leaders of insinuating in the media that efforts were on to break Dallewal’s fast by “evacuating” him from the Khanauri protest site to a hospital.

“Our directions do not mean that he should break his fast even in the hospital. After his health is taken care of, he can continue with his peaceful protest. Shifting to the hospital does not mean he will not continue with his fast. Our concern is that he should get access to medical help and facilities,” Justice Kant explained.

Justice Kant said Dallewal was a “precious leader” who was not aligned to any political ideology but devoted to the farmers’ cause.

The judge said the Punjab government’s attitude seemed to be against any sort of conciliation.

“There are people making irresponsible statements… even farmer leaders, their bonafide as regards to Dallewal needs to be looked into,” Justice Kant said.

Punjab Advocate General Gurminder Singh assured the State was not taking any sides and was doing its best to convince Dallewal to accept medical aid.

“He (Dallewal) is of the firm opinion, as conveyed to our mediators, to the media and in his own messages, that he will take medical help subject to some intervention… We (Punjab) are only for conciliation. We are handling the situation on the ground every day, every moment. We are trying to work out a solution,” Singh assured.

The court issued notice on a petition by Dallewal’s friend, Guninder Kaur Gill, who said the government cannot go back on “promises” made to the farmers. The Haryana government’s plea against the border blockages was also listed along with a contempt petition against the Punjab Chief Secretary and police chief for their inability to comply with earlier apex court orders to hospitalise Dallewal. The next hearing is scheduled for January 6.