Introduction:

The Punjab and Haryana High Court recently addressed the closure of the Shambhu Border, a critical junction connecting Punjab, Haryana, Delhi, and Jammu & Kashmir. This closure, instated by the Haryana Government in February to curb the influx of protesting farmers from Punjab, has been a point of contention. The division bench, comprising Justice GS Sandhawalia and Justice Vikas Bahl, presided over the matter, highlighting the inconveniences faced by the public and the necessity of maintaining law and order without compromising democratic principles.

Arguments:

The petitioner, Mr. Uday Pratap Singh, along with other representatives including Mr. Himmat Singh Deol, Advocate, and Senior Advocate RS Bains for the Kisan Union, argued that the prolonged closure of the Shambhu Border has severely disrupted daily life. The petition emphasized that the blockade has obstructed the free movement of goods and people, causing significant economic and social distress. On behalf of the state, Mr. Deepak Sabharwal, Additional Advocate General for Haryana, contended that the presence of 400-450 protesters posed a potential threat of unrest, justifying the continued closure as a preventive measure.

Justice Sandhawalia, addressing the arguments, underscored the democratic right of the farmers to protest and the state’s duty to manage law and order without resorting to indefinite border closures. The bench noted the considerable reduction in the number of protesters and the undue hardships faced by the general public due to the diversions. It directed both Punjab and Haryana to cooperate in restoring the highway to its original state while ensuring that the protests remain peaceful and within legal bounds.

Judgment:

The court also reviewed the forensic report concerning the death of Shubhkaran Singh, a farmer allegedly shot by the Haryana Police during the protests. The report, however, indicated that Singh was killed by a shotgun, which is not a standard issue for police officers. This finding shifted the onus onto the protesters, with the court urging the Kisan Union to maintain order among their ranks and not create unnecessary alarm.

The bench’s directives aim to balance the right to protest with the necessity of maintaining public order and minimizing disruptions. The final detailed order is awaited, but the court’s interim stance is clear: the Shambhu Border must be reopened, and democratic rights must be upheld.