Supreme Court Slams Punjab Government For Failing To Shift Hunger-Striking Farmer Leader To Hospital

Today, January 2, the Supreme Court expressed its displeasure with the Punjab Government for not complying with its earlier directions to shift farmers’ leader Jagjit Singh Dallewal—who is on a hunger strike—to a hospital.

A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan underscored that transferring Dallewal to a hospital does not imply forcing him to end his hunger strike. Rather, it ensures he receives proper medical support while continuing his protest.

The bench reprimanded the Punjab Government, characterizing its stance as contrary to reconciliation efforts. Emphasizing that the State must persuade Dallewal to continue his fast under medical supervision, Justice Kant conveyed the Court’s unhappiness over the misinterpretation of its intentions. He stated that both media reports and State officials had wrongly portrayed the Court’s direction as compelling Dallewal to break his fast.

Punjab Advocate General Gurminder Singh informed the bench that negotiators have been attempting to convince Dallewal to accept medical aid. In response, Justice Kant demanded an explanation for the misleading portrayal of the Court’s directive. Reiterating that Dallewal’s health was the Court’s sole concern, Justice Kant urged the State to ensure that Dallewal understands he can persist with his protest under hospital care.

The Advocate General added that Dallewal insisted on medical support only if the Central Government came forward for talks. Justice Kant suggested that the State had not effectively communicated the existence of a High-Powered Committee formed to resolve the farmers’ issues. The judge also criticized certain individuals for making “irresponsible statements” that complicate matters.

Warning the State, Justice Kant said, “If the State fails, then the Union will,” to indicate the Centre could intervene if Punjab does not resolve the issue. The bench posted the matter for further hearing on Monday.

Additionally, the Court heard a new petition filed by Dallewal (through his next friend) raising broader issues concerning farmers’ protests. A copy of this petition will be shared with the Union Government.

Dallewal, who has been on a hunger strike since November 26 at the Khanauri border, is a cancer patient with age-related ailments. He is demanding, among other things, a statutory guarantee for the Minimum Support Price (MSP).

The Supreme Court was hearing a Special Leave Petition (SLP) filed by the Haryana Government challenging a Punjab and Haryana High Court order to unblock the Shambhu Border, which has remained closed since February due to ongoing farmers’ protests.

In September, the Court created a High-Powered Committee to negotiate with the protesting farmers. On December 20, the Court directed Punjab authorities to shift Dallewal to a makeshift hospital or any well-equipped facility to ensure his health is protected. When this order was not complied with, a contempt petition was filed.

Subsequently, the State reported that farmers resisted Dallewal’s transfer and that, due to the risk of confrontation, he had been provided medical aid at the protest site instead. Discussions continued with negotiators and intervenors to persuade Dallewal to accept hospital care.

Though Punjab has indicated that the Union’s involvement might help diffuse tensions, the Centre contended its participation could exacerbate the situation. On December 28, the Court directed the Union to provide logistical support if Punjab sought it.

Case Details
LABH SINGH v. K A P SINHA AND ANR. CONMT.PET.(C) No. 930-933/2024 in SLP(C) No. 6950-6953/2024
GUNINDER KAUR GILL NEXT FRIEND OF JAGJIT SINGH DALLEWAL v. Union of India, Diary No. 60793-2024
STATE OF HARYANA AND ANR. v. UDAY PRATAP SINGH AND ORS., SLP(C) No. 6950-6953/2024
THE STATE OF HARYANA AND ANR. v. UDAY PRATAP SINGH AND ORS., SLP(C) No. 15407-15410/2024