Punjab government should ensure the health of Dallewal amid hunger strike: Supreme Court told Punjab government- Farmers should never get into physical confrontation

At the start of today's hearing, the Punjab AG informed the court that despite some initial resistance from farmers to medical assistance, senior state officials had met with Dallewal and medical experts are assisting him at the site. He further added that a place called 'Haveli' at the protest site (about 100-200 metres away) has been converted into a hospital, which can provide all the necessary facilities and ensure provision of necessary medical assistance to Dallewal.

Objecting to this, Justice Kant asked how such a temporary hospital could suffice and whether the state authorities were in a position to take Dallewal there. In response, the Punjab AG admitted that there is some difficulty, as farmers have pushed their trolleys together to prevent Dallewal's transfer. "Around 3000-4000 people have gathered and they are protesting against his transfer and they have put trolleys around his trolley so that no vehicle can enter," the AG said.

As the AG further claimed that according to the doctors, Dallewal is otherwise fine, Justice Kant lost his temper and sought the name of the doctor who was able to certify as to Dallewal's health without the benefit of his reports (since Dallewal has refused to undergo tests like CT-scan, ECG, etc).

"We first want medical aid to be provided to him. Why is that priority being ignored? We want to know about his health condition and all health parameters. That can happen only if he undergoes certain tests. No one should take us lightly. You people are saying he is fine, not the medical doctors! The doctors say he is refusing to undergo tests," he said. You want civil/police officers to perform the duty of doctors? How can a doctor tell that a person who has been on a hunger strike for the last 21 days is 73-75 years old with serious [ailments]... You bring the doctor who guarantees that he is absolutely fine.

The judge said that when Dallewal has refused to undergo an ECG test, the doctors cannot know the condition of his heart. “CT-scan, [tests regarding cancer condition], etc... not a single test has been done! What kind of health certificate are your officers giving?” Justice Kant remarked. In response, the AG assured that the tests would be conducted today and the report would be brought before the court tomorrow.

The court was also informed that the Chief Secretary has issued a formal direction that every possible facility that is required would be provided to Dallewal, wherever he may be. Incidentally, the AG at one point raised apprehensions about physical confrontation (if Dallewal is sought to be physically shifted) and the ensuing casualties. Justice Kant took strong objection to this and said that the farmers are agitating peacefully and in fact it is the state authorities who coin such terms.

"Tell your state machinery to be aware of its constitutional responsibilities. The farmers or their leaders have never entered into any physical confrontation. All these terminologies have been coined by your officers. They are sitting on a peaceful agitation," the bench said.

Justice Bhuyan, for his part, cited the example of Indian human rights activist Irom Sharmila, who spent 16 years fighting for the abolition of the Armed Forces (Special Powers) Act, 1958. The idea was that the hunger strike could continue under medical supervision, without eating/drinking anything.

It may be mentioned that the Punjab AG also informed the Court that Dallewal was willing to hold talks with him directly (through virtual mode). In response, Justice Kant said that the Court is ready for such talks once the farmer leader recovers and is healthy. But first the Punjab Government authorities should try to convince Dallewal to undergo treatment in a hospital for a week, after which he can resume and till then any other leader can continue the agitation.

The Court was hearing Haryana's plea against the Punjab & Haryana High Court's direction to unblock the Shambhu border between the states of Punjab and Haryana. The border was closed in February this year due to protests by farmers over demands such as a statutory guarantee of minimum support price for crops. In September, the Court constituted a high-powered committee to hold talks with the protesting farmers at the Shambhu border between the states of Punjab and Haryana.

During the latest hearing, the court asked the committee to persuade the farmers to temporarily shift the protest site and clear the national highway for smooth traffic or temporarily suspend their agitation. In response, the committee's member secretary, who was present in court, assured that the committee would take up the proposal as a preliminary issue in its next meeting and file a report. The court also expressed concern about the health of farmer leader Dallewal (on fast unto death) and said he should be given medical aid without forcing him to break his fast.