Dallewal to take medical aid if Centre agrees to talk: Punjab to SC

The Punjab government on Tuesday, 31 December 2024, informed the Supreme Court that farmer leader Jagjit Singh Dallewal, who has been on an indefinite fast for over a month, has agreed for medical aid given the Centre accepted his proposal to hold talks.

A vacation bench of justices Surya Kant and Sudhanshu Dhulia took note of a plea moved by Punjab government seeking an additional three days to comply with SC's 20 December order.

"...As per the negotiators there is a proposal given by the farmers to the Central government that in case they get an invite for a talk, Dallewal is ready to take medical help as desired,” Punjab advocate general Gurminder Singh said, "therefore, the state government was seeking some more time and work positively towards compliance of the directions."

The bench said, "We will not comment on what’s going on as far as negotiations or your law and order is concerned. If something happens, which is acceptable to both sides and all stakeholders concerned, we will be equally happy. At the moment, we are only concerned with the compliance of our orders. If you want more time, we in peculiar circumstances are inclined to grant you some time."

Singh agreed with the bench on the point that no comments should be made on the negotiations at this stage and sought some time.

Solicitor general Tushar Mehta, appearing for the Centre and Haryana government, said he did not have any instructions on this issue.

The AG said the intervenors and negotiators had tried complying with the court directives by engaging with the farmers in a dialogue. Additionally, the government mobilised 7,000 personnel at the protest site, but on 30 December, a call for Punjab bandh was called by other farmer organisations, hindering its efforts, he said.

The bench recorded the submissions and posted the matter on 2 January 2025, for the compliance of its order on shifting of Dallewal to a hospital.

"We are inclined to accept the request to afford some more time for compliance with the directions issued by the court," the bench said.

Punjab chief secretary and director general of police were directed to continue to appear in-person virtually during the hearing.

On 28 December, the top court came down heavily on the Punjab government for not moving Dallewal to a hospital even as it doubted the intention of the agitating farmers for resisting availability of medical aid to their septuagenarian leader.

The Punjab government said it faced huge resistance from the protesting farmers who had encircled Dallewal and prevented him from being taken to a hospital.

The top court blamed the Punjab government for allowing the situation to aggravate and not doing enough to contain the situation.

The SC remarked the farmer leaders who did not allow Dallewal to be taken to a hospital were involved in the criminal offence of abetment to suicide.

On 20 December, the apex court put the onus on Punjab government officials and doctors to decide on Dallewal's hospitalisation.

The court said Dallewal, 70, could be moved to the makeshift hospital set up within 700 metres of the protest site at Khanauri border point between Punjab and Haryana.

On December 19, the bench referred to civil rights activist Irom Sharmila continuing her protest for more than a decade under medical supervision and asked the Punjab government to convince Dallewal for an examination. It had pulled up the state for not running medical tests on Dallewal.

Dallewal has been on an indefinite fast at the Khanauri border point between Punjab and Haryana since 26 November to press the Centre to accept the farmers' demands, including a legal guarantee of minimum support price for crops.

The farmers under the banner of Samyukta Kisan Morcha (Non-Political) and Kisan Mazdoor Morcha have been camping at Shambhu and Khanauri border points between Punjab and Haryana since 13 February after their march to Delhi was stopped by the security forces.