“Reach Out to Farmers, There Is a Trust Deficit”: The Government of Haryana; Plans to establish a committee to settle the farmers’ protest.

The Supreme Court on Wednesday (July 24) expressed its intention to form a committee of independent persons who can negotiate with the farmers, who are protesting at the Punjab-Haryana border, and the governments to find a resolution to the issues. (farmers’ protest)

The Court asked the States of Punjab and Haryana to suggest the names of suitable individuals who can be included in the committee. Till next week, the Court directed that status quo be maintained by both the States at the protest site to “prevent the flaring up of the situation at the Shabmhu border.”

The Court also asked the States of Punjab and Haryana to suggest a proposal to remove the barricades at the Shambhu border to prevent inconvenience to the general public.

The Court was hearing a petition filed by the State of Haryana’s plea against the order passed by the Punjab and Haryana High Court directing it to unblock the Shambhu Border, which was closed in February this year to prevent the movement of protesting farmers from Punjab to Haryana. The farmers have been protesting there raising demands such as a statutory guarantee for the Minimum Support Price for crops.

‘Tractors modified as armoured war tanks’

Solicitor General of India Tushar Mehta, appearing for the State of Haryana, submitted that over 500-600 tanks, which have been modified as “armoured tanks” are stationed at the site and if they are allowed to travel to Delhi, law and order situations may arise.

The bench asked why can’t the State open the border without permitting the travel of tractors and trolleys. Emphasizing the need for the State to reach out to the protesting farmers, Justice Kant said, “You need to make some effort, after all, you have to reach out to the farmers. Why would they otherwise need to come to Delhi?”

“They may come to Delhi. But not come in tankers, JCBs etc,” SG replied.

There is a trust deficit, says the bench

While saying that the State need not allow the use of tractors, trolleys and JCBs, Justice Kant said that there appeared to be a “trust deficit” between the government and the protesting farmers.

“Have you taken any initiative to negotiate with the farmers? Your ministers might go to the farmers without realising the local issues. There is a trust deficit. Why don’t you have some neutral umpires? There have to be confidence-building measures.”

“Only a sleeping person can be woken up. Someone pretending to asleep can’t be, “ SG said. He referred to the earlier protests held by the farmers in 2020-2021 against the three farm laws which were eventually withdrawn.

“It is a case of trust deficit. We will think of some independent persons, who are neutral to the controversy,” J Kant said. SG agreed to seek the instructions from the government on that point but urged that the High Court’s direction be stayed in the meantime.

“You also cannot block the highway, it’s been for over a year,” J Bhuyan said.

“NH can’t be used for JCBs trolleys etc,” SG stated pointing out that the Motor Vehicles Act prevented the use of such vehicles in national highways. When SG repeated the submission that the tractors have been modified, Justice Bhuyan said that the protesters also might need some shelter. Justice Kant added that it was a common practice of the farmers in that area to modify the tractors.

However, the SG submitted that the tractors have been altered as “virtual war tanks”.

“Mr Solicitor, what you are arguing also shows the trust deficit,” Justice Kant commented.

Advocate General of Punjab Gurminder Singh submitted that the blocking of the NH was affecting the economic health of the State of Punjab as well.

Background

In its July 10 order, the High Court had observed that the above-mentioned border is a “lifeline” for citizens’ movement between Punjab and Haryana and to Delhi and Jammu & Kashmir, and its closure is causing immense inconvenience to the general public.

The division bench of Justices GS Sandhawalia and Vikas Bahl also directed both States to ensure that law and order are maintained and the highway is restored to its “original glory.”

To provide a brief background, the Haryana Government closed this border in February during a farmers’ protest to restrict the protesters from Punjab from entering Haryana. Subsequently, a PIL sought directions to open the Shambhu border for the general public, especially businessmen, departmental store owners, and street vendors who are providing essential commodities to Ambala.

Before the High Court, Additional Advocate General for Haryana Deepak Sabharwal argued that 400-450 protesters are still sitting on the Punjab side of the highway, and they may enter Ambala and do gherao at the SP’s office.

However, the Court responded to this, saying that:

“men in uniform cannot be scared of them…we are living in democracy, farmers cannot be stopped from entering to Haryana…let them do the gherao”

In addition to this, the Court also noted in its order that the highway was closed due to preventive measures by the Haryana Government and 5-6 months have gone by since then.

To support its findings, the Court underscored the inconvenience caused by restrictions on the free flow of transport.

“The diversion which have been made is causing great inconvenience…there is no free flow of transport vehicles and buses, thus general public is in great inconvenience.,” the Court said.

The Court also reasoned that earlier, it had restrained from passing any order as the gathering was thousands in number. However, the Court noted that the number of protesting farmers has now been reduced to 400-500. Imperatively, the Court also directed Kisan Union to ensure that they abide by the law.

It may also be mentioned that another Special Leave Petition filed by the State of Haryana opposing the Punjab & Haryana High Court’s order of a judicial inquiry into the death of a protesting farmer, Shubhkaran Singh, is also pending before the Top Court.

Case Details: THE STATE OF HARYANA VS. UDAY PRATAP SINGH., DIARY NO. – 30656/2024