How can the State block a highway?” the Supreme Court on Friday asked the Haryana government, directing it to remove barricading at the Shambhu border near Ambala where agitating farmers have been camping since February 13.
A bench comprising Justice Surya Kant and Justice Ujjal Bhuvan upheld the Punjab and Haryana High Court order which on July 10 directed the state government to open within a week the Shambhu border near Ambala that was locked down in February to prevent protesting farmers from marching towards Delhi.
The Supreme Court bench remarked, “How can State block a highway? It has a duty to regulate traffic. We are not only saying open but regulate it.”
The Haryana government had set up barricades at Ambala–New Delhi National Highway in February, when Samyukta Kissan Morcha (SKM) and Kisan Mazdoor Morcha (KMM) had announced to march towards Delhi in support of their various demands, including a legal guarantee to minimum support price (MSP) for crops.
The Apex Court also adjourned the hearing on Haryana government’s plea which had sought a judicial probe into the death of a 22-year-old youth protesting during the farmer’s agitation.
A division bench of the Punjab and Haryana High Court comprising Justice G S Sandhawalia and Justice Vikas Bahl had on July 10 directed Haryana to remove the barricade at Shambhu border and the general public is not put to inconvenience.
The Supreme Court held that the border should be opened forthwith and suggested the Haryana Government to have talks with the farmers and hear their grievances.
Why are you shying away from having talks with the farmers? Talk to them and if they still want to protest regarding their demands provide them with facilities, the SC bench orally remarked.
The High Court had also clarified that its direction to open the Shambhu border which connects Haryana and Punjab is meant for all citizens, and not restricted to any particular class.
The petitioner, Advocate Vasu Ranjan Shandilya, had filed a petition in the High Court seeking clarification and directions to open the Shambhu border for the general public, especially businessmen, departmental store owners and street vendors who are providing essential commodities to Ambala.
He said another petitioner, Uday Pratap, had sought the opening of the border for farmers, “I am requesting to open for business man, street vendors, ” the petitioner pleaded.
To this, the High Court clarified that their directions are for everybody not just farmers.
Shandilya also submitted that the “Khanauri border (another border entry point from Punjab to Haryana) is also closed”.
However, the High Court said, “Let them open Shambhu first, we will ask to open Khanauri also.”
The Haryana Government then moved the Supreme Court against the High Court order with a plea that they were undertaking a judicial probe into the death of a 22-year-old youth protesting during the farmer’s agitation.
