1. This matter is being taken up for hearing through video conferencing due to outbreak of the pandemic, COVID-19.
2. Affidavit dated 29.07.2021, of Director General of Police, Punjab, along with affidavit/report of Senior Superintendent of Police and Commissioner of Police, Ludhiana, has been filed in compliance of order dated 20.07.2021 which reads as under:-
“This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19. Perusal of file reveals that it was directed on 20.5.2021 by a Coordinate bench that Director General of Police, Punjab in consultation with the Chief Secretary, Punjab may take the initiative to get the blockade lifted by active persuasion of the protestors, peacefully and in accordance with law. Blockade in question has not been removed till date. It is brought to my notice that a Coordinate bench on 18.6.2021 in CWP No.5645 of 2021 has directed that a committee be constituted to find a way forward to put an end to the piquant situation. Relevant para of order dated 18.6.2021 reads as under: -
It will, therefore, be in the fitness of things that a Committee be constituted headed by Principal Secretary Home, Government of Punjab, including Additional Director General of Police, Law & Order Punjab, Deputy Commissioner, Ferozepur, Senior Superintendent of Police, Ferozepur amongst other officers to find a way forward to put an end to the piquant situation. All the parties concerned will have to think out of the box and let appropriate steps be taken expeditiously to prevent further loss/wastage of about eight thousand metric tonnes of food-grains lying stored in the facility of the petitioner's firm at Ferozepur, which a country like India can ill afford. Since, the learned counsel for the petitioner-firm has also submitted that on account of the approaching monsoon season, they are likely to incur heavy losses and damage to the foodgrains lying stored in their facility, it is expected and hoped that all efforts would be made by the quarters concerned in the spirit of “malice towards none with charity for all” to borrow from Abraham Lincoln.
It is undoubtedly for the State to redress the issue which has arisen in order to provide free ingress and egress to the petitioner to its premises in order to enable it to continue its business. Learned counsel for the State is unable to bring to my notice any further efforts which may have been taken recently for solving to the problem.
List on 30.7.2021.
To be taken up along with CWP No.12579 of 2021.
Meanwhile, learned counsel for the State is directed to apprise of measures which have been taken to resolve the issue especially keeping in view the previous orders passed in this case, as well as order dated 18.06.2021 in CWP No.5645 of 2021. Let an affidavit of DGP, Punjab be filed in this regard before the adjourned date.”
3. Affidavit dated 29.07.2021 is taken on record subject to just exceptions.
4. While referring to the specific steps taken after 20.07.2021, it is stated therein that a committee in compliance of order dated 18.06.2021, passed in CWP No. 5645 of 2021, has been constituted, comprising of the following members:-
“1. Additional Chief Secretary to the Government of Punjab, Department of Home Affairs and Justice (ACS, Home)- Chairman.
2. Additional Director General of Police (Law & Order), Punjab, Chandigarh (ADGP- Law & Order)- Member.
3. Deputy Commissioner, Ferozepur, Punjab (DC, Ferozepur)- Member, and
4. Senior Superintendent of Police, Ferozepur, Punjab (SSP, Ferozepur)- Member.”
It is stated that said committee has been actively working towards achieving its objective of lifting of the blockade by the protesting farmers. It is further stated that various members of the Committee have personally held meetings with the stakeholders. Meetings between representatives of the said company, local leaders and members of Gram Panchayats were also facilitated. It is further stated that some progress has been made, inasmuch as some members of the Gram Panchayat of village Sappanwali, have expressed their willingness to engage with the villagers to resolve the matter. Commissioner of Police, Ludhiana has stated that various conciliatory meetings have been organized with various key members of the Kissan Unions and other organizations, which are expected to be instrumental in bringing about a positive result, in the near future. It is further stated that necessary steps are being adopted to facilitate day to day functioning of the petitioner-company. Present situation, it is stated is unprecedented but the State Government has been successfull in maintaining law and order, a peaceful environment. Strenuous efforts are being made and strategy employed to resolve the matter with the same being reviewed on regular basis.
5. Learned counsel for the State seeks more time to await further progress. Learned counsel for the petitioner has raised an objection to the adjournment while submitting that specific and clear cut directions should be issued to the respondents to take all necessary steps to immediately lift the blockade as the petitioner is suffering heavy financial loss and the prevailing situation is in-fact a clear cut violation of the petitioner’s right to carry on with its livelihood.
6. Heard learned counsel for the parties.
7. In my considered opinion, it is considered just and expedient to allow some more time to the respondent-authorities to try and resolve unprecedented situation, which has arisen. It is to be noted, at this stage that vide order dated 20.05.2021 passed by a Coordinate Bench in this writ petition, it was directed that efforts be initiated by the Director General of Police, Punjab in consultation with the Chief Secretary, Punjab, to take the initiative to get the blockade lifted by active persuasion of the protestors, peacefully and in accordance with law and in an amicable manner.
8. It is relevant to note at this stage, that the Hon’ble Supreme Court is seized of three categories of petitions revolving around the validity or otherwise of three farm laws namely:
"1. Farmers’ Produce Trade and Commerce (promotion and Facilitation) Act, 2020;
2. Essential Commodities (Amendment) Act, 2020; and
3. Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020 (hereinafter referred to as the ‘farm laws’), and the protest by farmers against these laws."
9. It is specifically observed in order dated 12.01.2021 passed by the Hon'ble Supreme Court in W.P. No. 1118 of 2020, that third category of petitions are those filed by individuals 'who are residents of the National Capital Territory of Dehli as well as the neighbouring States, claiming that the agitation by farmers in the peripheries of Delhi and the consequent blockade of roads/highways leading to Delhi, infringes the fundamental rights of other citizens to move freely throughout the territories of India and their right to carry on trade and business'.
10. It is the specific stand of the State that the protests in the State are intrinsically linked with the protest at the periphery of Delhi. Furthermore, permanent round the clock police protection has been provided at the petitioner's premies, besides patrolling parties keeping a close vigil to prevent any kind of an untoward incident.
11. The Hon’ble Supreme Court in Mazdoor Kisan Shakti Sangathan Vs. Union of India and another 2018 AIR (SC) 3476, while considering rights of the citizens to speech and right to assemble peacefully and resultant curtailment of right of another class observed as under:-
“ xxx xxx xxx
In all such situations, the Court has to examine as to where lies the larger public interest while balancing the two conflicting rights. It is the paramount collective interest which would ultimately prevail.”
12. The Hon’ble Supreme Court in Amit Sahni (Shaheen Bagh, in RE) Vs. Commissioner of Police and Others, 2020 (10), SCC 439, frowned upon the disposal of the writ petition by the High Court and observed that the High Court should have monitored the matter rather creating a fluid situation by disposing of the petition.
13. At this stage, it cannot be concluded that the State Government has not taken any steps for resolving the issue. As per affidavit dated 29.07.2021, it is reiterated that the administration is hopeful of resolution of the matter in the near future. Therefore, I deem it expedient to allow some more time to the respondentauthorities to make renewed and strenuous efforts in this regard so that the petitioner is able to carry on its business activities.
14. At request of learned counsel for the respondent-State, adjourned to 31.08.2021.
