Supreme Court Seeks Committee To Negotiate With Protesting Farmers At Punjab-Haryana Border

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On Wednesday, July 24, the Supreme Court expressed its intention to establish a committee of independent individuals to negotiate with farmers protesting at the Punjab-Haryana border and the respective state governments. The goal is to find a resolution to the ongoing issues.

The Court has asked Punjab and Haryana to suggest suitable individuals for this committee. Until the next hearing, the Court has directed both states to maintain the status quo at the protest site to prevent any escalation of the situation at the Shambhu border.

Additionally, the Court requested the states to propose a plan to remove the barricades at the Shambhu border to minimize public inconvenience.

This development came as the Supreme Court heard Haryana’s petition against a Punjab and Haryana High Court order, which directed the unblocking of the Shambhu Border. This border was closed in February to prevent protesting farmers from Punjab from entering Haryana. The farmers are demanding a statutory guarantee for the Minimum Support Price (MSP) for crops.

Solicitor General of India Tushar Mehta, representing Haryana, informed the Court that around 500-600 tractors, modified as “armored tanks,” were stationed at the protest site. He expressed concerns that allowing them to travel to Delhi could lead to law and order issues.

The bench questioned why the state couldn’t open the border without allowing these modified vehicles. Justice Surya Kant emphasized the need for the state to engage with the farmers, saying, “You need to make some effort. After all, you have to reach out to the farmers. Why would they otherwise need to come to Delhi?”

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Justice Kant further noted a “trust deficit” between the government and the farmers, stressing the importance of confidence-building measures. He suggested involving neutral parties in negotiations to bridge this gap.

The Solicitor General referred to the earlier farmer protests against the three farm laws, which were eventually withdrawn, highlighting the ongoing trust issues. He urged the Court to stay the High Court’s order in the meantime.

Justice Bhuyan emphasised that the highway could not be used for heavy vehicles like JCBs and trolleys, as per the Motor Vehicles Act. He acknowledged the protesters’ need for shelter but cautioned against using tractors modified as “virtual war tanks.”

Background:

In its July 10 order, the Punjab and Haryana High Court noted that the Shambhu border is a crucial link for movement between Punjab, Haryana, Delhi, and Jammu & Kashmir. The closure has caused significant inconvenience to the public. The High Court directed both states to ensure law and order and restore the highway to its original condition.

The Haryana Government closed the border in February to prevent protesters from entering Haryana. A PIL later sought to reopen the border for the general public, especially for businesses providing essential goods to Ambala.

The High Court observed that men in uniform should not be intimidated by protesters and emphasized the right of farmers to enter Haryana. The Court also noted that the number of protesters had significantly decreased.

Additionally, a Special Leave Petition by Haryana, opposing the High Court’s order for a judicial inquiry into the death of a protesting farmer, Shubhkaran Singh, is pending before the Supreme Court.

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The Supreme Court has scheduled the next hearing for this matter next week and emphasized the need for humane measures and constructive negotiations to resolve the issue.

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