NEW DELHI: Supreme Court Friday asked chief secretary and police chief of Punjab why contempt proceedings be not initiated against them for non-compliance of its Dec 20 order for hospitalisation of farmer Jagjit Singh Dallewal, who is on a fast-on-to-death at Shambhu border for almost a month.
Holding a rare vacation bench during winter break, a special bench of Justices Surya Kant and Sudhanshu Dhulia chided Punjab govt for its indecisiveness to save the life of Dallewal, whose condition appears to have deteriorated in the past one week.
Ordering the chief secretary and DGP to remain present through video-conference during the hearing on Saturday, the bench asked state govt to file a report by 11am stating compliance with the court’s Dec 20 order.
On Dec 20, a bench of Justices Surya Kant and Ujjal Bhuyan had said, “We have already clarified in no uncertain terms in the previous orders that it is entirely the responsibility of the state of Punjab to ensure stable health condition of Dallewal, for which if he requires hospitalisation, the authorities must ensure to do so.”
“State govt, thus, will take a call as to whether Dallewal can be shifted to the makeshift hospital or to any other well-equipped hospital,” it said.
Responding to the contempt petition filed by a farmer Labh Singh, Punjab advocate general Gurminder Singh informed the court that a ministerial team comprising eight cabinet ministers of the state had gone to the protest site to convince the farmers to allow hospitalisation of Dallewal but protesters refused to allow shifting of the fasting farmer even to the makeshift hospital.
Court said Dallewal’s health is of primary concern and that the state must appropriately deal with “certain people who are creating law and order situations to prevent hospitalisation of the farmer.”
The top law officer of Punjab said Dallewal wants the PM’s intervention to defuse the situation and said if Centre intervened it would help address the concerns of farmers. For Centre, solicitor general Tushar Mehta said ensuring Dallewal’s health is priority. Defusing the situation is secondary: “It is state govt which must act to comply with the unambiguous order of the highest court.”
The bench agreed with SG and told Punjab govt that it must first ensure the health of the fasting farmer and thereafter the court would do everything possible to hear Dallewal’s point of view.