Need not wait for court order: Supreme Court on removal of barricades at Shambhu border

The Supreme Court on Monday suggested removal of barricades at Shambhu border between Punjab and Haryana in a phased manner [The State Of Haryana v. Uday Pratap Singh].The border had been sealed to prevent Punjab farmers from marching to Delhi to press their demands.A Bench of Justices Surya Kant and Ujjal Bhuyan recommended a meeting between concerned police officials of the States and the Centre and said that the parties involved need not wait for a court order to take steps to open up the border.."If both the sides are able to resolve the norms, they need not await an order from this Court and let such a resolution be implemented immediately," the Court said.It posted the matter for further hearing on August 22..The Bench was hearing the Haryana government’s petition challenging Punjab and Haryana High Court’s recent direction to open the Shambhu border - which connects Punjab and Haryana.The border had been closed by the Haryana government to prevent movement of protesting farmers towards Delhi.The top court had in earlier hearings said that the protesting farmers have a right to voice their grievances, and the authorities including Central and Punjab governments must bring in neutral persons for a resolution of their demands.It had asked the two States to maintain status quo at the border as well submit proposals for a phased removal of barricades there.The Court was also hearing an appeal filed the Haryana government challenging a Punjab and Haryana High Court order that had ordered the setting up of a committee of a retired High Court judge and two Additional Director Generals of Police (ADGP) .This was to probe into the death of a farmer, Shubhkaran Singh from Bathinda in Punjab, who was killed in January in clashes between security personnel and the farmers at the Khanauri border..During the hearing today, Solicitor General (SG) Tushar Mehta for Haryana and Advocate General (AG) Gurminder Singh for Punjab submitted names of committee members to talk to protesting farmers for solution to their demands, which were appreciated by the Court.The Court after examining the composition of the committee members commended both States. "Senior number 1 this person is very qualified. We appreciate both States, the names are completely apolitical and for the genuine causes of farmers and agriculturalists," the Court said. In response to SG Mehta's argument that the probe into the death could demoralise the police force, the Court opined that the probe could potentially strengthen the force rather than demoralise it.It urged both the States to cooperate and find common ground."Sometimes it (judicial probe) strengthens their hands. Since we are interfering in a manner we do not normally do, and you both have given names. You (Punjab) can also talk to them to say maybe tanks and JCBs should not. You SG to allow ambulances and vehicles for girls," the Court said. Thereafter, the Court suggested a meeting between concerned police officials for removing the barricades."We direct the Director General of Police of both the States of Punjab and Haryana along with the Senior Superintendents of Police of Patiala and Ambala and the Deputy Commissioners of both the Districts to hold a meeting within one week and lay down the modalities for opening of the highway initially for the purpose of essential services, ambulance, to help senior citizens, women, young students and daily commuters of the nearby areas," it stated..Additional Advocate General (AAG) Lokesh Sinhal and SG Mehta for Haryana insisted on a stay on the judicial probe.However, the Court refused to interfere, underscoring that the committee at best can make recommendations. The top court had on April 1 already declined such a stay..[Read order]