Farmers Protest 2024: "Why are you bothered?" HC questions Haryana for blocking roads

Farmers Protest 2023: "Why are you bothered?" HC questions Haryana for blocking roads

The matter has been adjourned to Thursday (February 15).

Farmers ‘Delhi Chalo’ March Protest 2024: Punjab and Haryana High Court on Tuesday questioned the Haryana Government for blocking the roads ahead of the farmers' protest. Two pleas were filed in the High Court. The first plea challenged the internet suspension and border sealing in Haryana while the second plea challenged road blockades by protestors.

The ACJ of Punjab and Haryana High Court stated, "Let the status report be filed. All parties in the present dispute should make efforts to sit down and solve the problem and the area should be identified by states to protest. The NCT of Delhi would also be a necessary party and would be impleaded." In the meantime, the matter has been adjourned to Thursday (February 15).

Here's what happened during Punjab and Haryana High Court's hearing on Farmers Protest:

Petitioner: India is a democratic republic. It is based on pillars of Secularism, Democracy, Republic…Articles 13-40 are the background of these principles.
Petitioner: Fundamental Rights allow the exercise of liberty without censorship. Govt has stopped farmers. As per newspaper reports, there are nails and electric wires on the roads.
Petitioner: As per Mazdoor Kisan Sanghthan v. UoI, Art 19(1)(a) and (1)(b) confer rights to assemble peacefully. Legitimate dissent is a distinguishing feature of democracy.
Petitioner: In the Babulal Parate case (1959) the Apex Court recognised the right to move freely anywhere in India.
Petitioner: SC has upheld the right to protest and to assist and aid peaceful protest… Govt has violated the Fundamental Rights by blocking the roads.
Petitioner: In this case, the State has permanently blocked the road.
ACJ: What is permanency here? For how long? What do you mean by permanent blockade?
Petitioner: There are erections on roads…
Advocate Arvind Seth appearing in the second PIL against Farmers Protests interjects: Thousands of vehicles are moving towards Delhi... nobody should be allowed to block the national highways. Public inconvenience cannot be allowed. People going to hospitals are suffering. There are specified places by govt where people can protest, but they cannot cause the public inconvenience by moving anywhere to protest.
Union govt counsel submits Centre is open to negotiation so far as MSP is concerned. "We can hold the meetings in Chandigarh also"
Haryana govt counsel submits Section 144 is imposed since when the last protests happened, there were cases of gang rape, loot, etc. So we want to take precautionary measures to avoid law and order situations, he says.
Haryana govt counsel: They could have taken permission from the Delhi govt to protest at designated places.
ACJ: They are only passing through your state, they have the right to move, why have you blocked the border?
ACJ: Why are you bothered? Are they agitating in Haryana? Why are you blocking the roads?
Haryana govt: The call is to gather 5 km before Delhi. They have modified their tractors with weapons, so we want to maintain law and order.
Punjab govt counsel: The issue is they are proceeding with protest, not collecting in Punjab. There is no sealing in Punjab. If they want to proceed for peaceful protest… we are allowing it and apt arrangements are made for crowd control, etc.
Punjab govt: Those demands are genuine are not have to be seen…but Punjab is not concerned as they are not holding any protests in Punjab
Haryana govt: Peaceful protest can be supported but here they are putting the public in inconvenience. Also, looking at past reports…
ACJ: How do you know they are the same people?
Punjab AG: Delhi should be a party here but Delhi is not made party
Centre's counsel: Law & order is a State subject
Punjab govt counsel seeks time to file status report.
Petitioner Uday Pratap: There is news that their passport and docs will be impounded. Can that be allowed to people who produce for us? They also have rights!
ACJ: It's very easy to say that they have rights but the State also has to step in to protect people on streets. They also have rights...

ACJ dictating order:

Petitioner has prayed to stop the obstruction in view of Art 21, 19. In the second PIL petitioners claims that the national highway is blocked by the protesters.

Order:

There has to be balance in the fundamental right to speech and expression, none of the rights are in isolation. The cautionary should be kept in mind and the issue should be resolved amicably and the use of force will be a last resort. Court records submissions of UoI and Punjab govt that meetings have taken place. Also, noted Haryana govt submission that tractor trolleys are modified. The Punjab govt has submitted that protests are not taking place in Punjab…there are also submissions that a similar order was passed by the Delhi Police for the imposition of Section 144.

Centre's counsel submits: Earlier also a committee was formed in 2022, with representatives of farmers but they boycotted

ACJ: Let the status report be filed. All parties in the present dispute should make efforts to sit down and solve the problem and the area should be identified by states to protest.

ACJ: The NCT of Delhi would also be necessary party and would be impleaded

Matter adjourned to Thursday (Feb 15).