On Monday (12th August), the Supreme Court directed the Chiefs of both Haryana and Punjab Police to explore partial reopening of the Shambhu border, where protesting farmers have been camped since 13th February. The court directed them to hold a meeting along with the SPs of adjoining Patiala and Ambala districts within one week for partially reopening the highway. However, the court categorically observed that the Highways are not a parking space for tractors and trolleys as it asked the Punjab government to persuade the farmers to remove their tractors from the road.
Notably, a bench of Justices Surya Kant and Ujjal Bhuyan has been hearing the plea of the Haryana government challenging the Punjab and Haryana High Court order. The HC had asked it to remove barricades at the Shambhu border near Ambala within a week. The national highway at the Shambhu border between the States of Punjab and Haryana has been facing blockade in the wake of farmers’ protest.
The bench also asked the Haryana Government to explore the possibility to keep at least one lane available for the passage of vehicles carrying senior citizens, females, people going for medical treatment etc. The bench said that partial opening of the road at Shambhu border is needed to facilitate movement of ambulances, essential services, senior citizens, women, girl students and the local commuters of adjoining areas.
In its order, the bench directed that if both sides are able to resolve such modalities, they need not wait for any order from this court and let such resolution be directed immediately.
It said, “We will pass a brief order on the terms of the panel to be constituted for talking to protesting farmers at Shambhu border.”
During the hearing, Punjab Advocate General Gurminder Singh requested the court to issue directions to relax blockade for vehicles involved in essential purposes and daily commuters. Responding to his request, the bench suggested the Punjab government to first persuade the protesters to remove the tractors and trolleys from the site.
Justice Kant told the AG, “Why do not you persuade the farmers…because highways are not parking space for tractors, trolleys etc.”
However, the bench turned down another plea filed by the Haryana government seeking a stay on the High Court’s order which directed a judicial probe by a retired judge into the death of a protesting farmer who allegedly died of a bullet injury. Earlier, on 10th July, the Punjab and Haryana High Court had observed that farmer Shubh Karan Singh, who died at the Khanuri border during farmer protests in February 2024, got shot with a shotgun, a weapon that Haryana police or the other security forces stationed at the site do not possess.
Nonetheless, appearing for the Haryana government, Solicitor General of India Tushar Mehta said that the committee has been asked to examine if the force used by the police was proportionate. He objected to this direction, and said that a judicial commission can never ascertain this fact. He added that this direction can “demoralise the police force.”
To which, the bench replied, “this can also strengthen the police.” The bench observed that the committee’s finding is ultimately an opinion and it will be for the High Court to decide whether to accept or not.
Meanwhile, further, during the hearing, the bench appreciated the Punjab and Haryana government for suggesting a list of names of apolitical persons who could be included in the panel proposed by the Supreme Court to hold negotiations with the protesters and the government.
Earlier, the Supreme Court had asked the Punjab and Haryana governments to suggest the names of some neutral persons for an independent panel which would reach out to the protesting farmers over their demands including the legal guarantee of MSP.
In February, the Haryana government had barricaded the Ambala-New Delhi national highway after the Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha announced that protesting farmers would march to Delhi.
