SC urges Punjab, Haryana to avoid escalation and suggest neutral mediators for farmer protest

The Supreme Court on Friday asked the Punjab and Haryana governments to suggest the names of some neutral personalities for setting up an independent committee to reach out to farmers protesting at the Shambhu border over their demands like legal guarantee of MSP for their produce, saying nobody should precipitate the situation.

Observing that people have a right to voice their grievances in a democratic set-up, the apex court said it wanted a very smooth beginning to a dialogue involving all sides.

The top court was hearing the Haryana government's plea challenging the Punjab and Haryana High Court order asking it to remove within a week the barricades at the Shambhu border near Ambala where protesting farmers have been camping since February 13.

"Nobody should precipitate the situation. Don't hurt their sentiments. But as a state… you try to persuade them that as far as tractors are concerned, JCB machines are concerned, other agricultural equipment are concerned, let those be taken to places where those are required like agricultural farms, agricultural lands, wherever they want," a bench of Justices Surya Kant and R Mahadevan said.

"In a democratic set-up, yes, they have a right to voice their grievances. Those grievances can be voiced at their place also…," the bench observed.

While hearing the matter on July 24, the apex court had proposed constitution of an independent committee comprising eminent people to reach out to the protesters and address their demands.

During the hearing on Friday, Solicitor General Tushar Mehta, appearing for the Haryana government, said they have undertaken the exercise as asked by the court on July 24.

The counsel appearing for Punjab referred to the opening the highway in a phased manner.

"Why don't you exchange your proposals? It is not necessary every time to fight between the two states," the bench said.

Mehta argued a state can't say that let the farmers go to the capital of the country. He said farmers had not appeared before the high court despite issuance of notice.

"We want a very smooth beginning in terms of the dialogue process between all the sides," the bench said, while asking the states to suggest some names of people who could be on the panel.

The bench said there are very good and seasoned personalities in the country who have lot of experience, and they know the in and outs of the problems involved.

"Think of some neutral personalities. We will welcome if both of you can suggest common names because that will inspire more confidence in the farmers," it said.

"We are not experts but there may be some former judges who are having agricultural background, farming background. They might also know little bit about the problem. So, think with an open mind," the bench said.

It said there can be agricultural scientists and economists, some professors of agricultural universities who understand these problems.

One of the advocates appearing in the matter said Shambhu border should be directed to be opened at least for essential and emergency vehicles as people living in areas close to the protest site are unable to avail even medical facilities in Ambala due to the blockade.

"Their side of the road is blocked. They may also provide (inormation) as to how in a phased manner they would be able to get them vacated. Because, ultimately, the solution of the problem is to open the highway," Mehta said.

The bench suggested that there should be a mechanism where police of both the states coordinate to give access to the highway to ambulances or vehicles having senior citizens.

The apex court noted that it has been informed that some modalities were being worked out for compliance of its July 24 order regarding constitution of an independent panel comprising eminent persons who are able to reach out to the agitating farmers in order to find a viable solution to the issue.

"We have impressed upon them to suggest some common names for the purpose of constitution of the committee suggested by us…," the bench said, adding, "They have assured that by the next date of hearing, such an exercise will be undertaken. Post the matter on August 12."

On July 24, the apex court had directed the Punjab and Haryana governments to suggest the names of suitable individuals for the committee and submit a proposal for removal of barricades on the national highway while ordering a status quo on the border for a week.

On Friday, the bench said the interim arrangement will continue till further orders.

The Haryana government had set up barricades on the Ambala-New Delhi national highway in February after the Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha announced that farmers would march to Delhi in support of their demands.