The Punjab & Haryana High Court blasted state authorities for failing to clear roads that protestors blocked the Mohali-Chandigarh border in an attempt to free Sikh prisoners. The court stated that protesters who misuse the Guru Granth Sahib as a “shield” to demand the release of Sikh prisoners cannot be granted any immunity.
Acting Chief Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji’s division bench stated that despite numerous opportunities, neither the State of Punjab nor the Union Territory of Chandigarh had been able to provide any kind of resolution to the commuters who were experiencing difficulties caused due to the sit-in protests at the border between Mohali and Chandigarh.
The Court said that just because some of the protestors were placing Guru Granth Sahib at the site was no reason for the State of Punjab to not act against them.
“Only on account of the fact that some of the protestors have been hiding behind a shield of religious legitimacy by placing the Guru Granth Sahib would not as such give the State reason not to act against the persons concerned, who are misusing the religious sentiments,” the Court said.
It further stated that commuters and inhabitants of the tri-city (Chandigarh, Mohali, and Panchkula) were experiencing inconvenience due to a small number of persons sitting and obstructing the road.
The comments were made by the court during the hearing of a petition for the protestors’ removal that was submitted last year by the non-governmental organisation Arrive Safe Society.
The plea claimed that passengers commuting between Chandigarh and Mohali, in Punjab, were experiencing severe inconveniences due to the sit-in.
The Court noted in the latest order that it had previously even called Punjab’s Director General of Police (DGP) to the scene to ensure that the protestors were removed. However, it claimed that the administrations in Chandigarh and Punjab were causing delay in the matter.
The Court said: “It is also apparent from the photographs which have been placed on record that there is no large gathering. In spite of the fact that it is well known that all the agitators from the rural background are busy harvesting and it is the most opportune time to remove the blockage of the road, the State of Punjab and the Union Territory, Chandigarh, are dragging their feet for the reasons best known to them.”
The Court stated that it expects the authorities to “wake up from their slumber” and take into consideration the Supreme Court’s observations against protestors occupying public spaces, while postponing the proceedings until a hearing on 18th April.
“Resultantly, we defer the proceedings for 18.04.2024 hoping that the State of Punjab and the Union Territory, Chandigarh, will wake up from their slumber and keep in mind the observations of the Apex Court in State of Himachal Pradesh and another Vs. Umed Ram Sharma, 1986 (2) SCC 68 and Amit Sahni Vs. Commissioner of Police and others, 2020 (10) SCC 439,” the Court said.
This comes after a Public Interest Litigation (PIL) was filed in March 2023 by the non-governmental organisation Arrive Safe Society. The PIL argued that the protest had been ongoing since January 2023, causing inconvenience to both school-age children and the general public who require medical facilities. Protesters were demanding stricter punishment in cases of sacrilege with the Central Government and early release of some Sikh prisoners also known as Bandi Sikhs.
Among them are Devinderpal Singh Bhullar, a 1993 Delhi bomb blast convict, and Balwant Singh Rajoana, a prisoner convicted of the assassination of former Punjab Chief Minister Beant Singh.
