Expressing serious concern over some farmers leaders not allowing Jagjit Singh Dallewal — who is on ‘fast unto death’ in support of the demand for legally guaranteed minimum support price for crops — to be shifted to hospital in the wake of his deteriorating health condition, the Supreme court on Saturday also expressed dissatisfaction with the efforts made by the Punjab government in persuading the fasting farmer leader to agree to medical aid and hospitalisation.

“Please communicate to them (agitating farmers leaders) that those who are resisting Dallewal’s hospitalisation are not his well-wishers,” a vacation bench of Justices Surya Kant and Sudhanshu Dhulia said and on an assurance by the Punjab, Chief Secretary, Director General of Police and the Advocate General Gurminder Singh, granted more time to take appropriate steps to comply with its December 20, 2024, directions.

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The Chief Secretary, and the Director General of Police of Punjab appeared in the hearing through video-conferencing.

The top court on December 20, 2024, had directed the Punjab government to provide medical aid to Dallewal and to convince him to go to the hospital.

Taking exception to the Punjab government’s argument that the state was “helpless and saddled” as other protesting farmers were obstructing its attempts to secure medical aid to Dallewal, Justice Surya Kant said, “If state machinery says you are helpless, then do you know what is the repercussion? You are a constitutionally elected government… Court is not saying to use unwanted force.”

The top court today questioned the Central government, asking what it was doing to diffuse the situation.

Justice Dhulia said that even a word from the Union (Central government) can help diffuse the situation. He said the Punjab government that if it requires any assistance, the Central government would give all requisite support to ensure compliance of the court’s directions.

As Advocate General Gurminder Singh told the bench that “Farmers are keeping close vigil around the protest site. If a move is made to take him somewhere, then…”, Justice Surya Kant said, “So long the gathering is there for the purpose of the demands raised by farmers, it is understandable. That is peaceful agitation for the purpose of raising their demands, and voice in a democratic manner… But gathering of farmers to prevent a person from being shifted to the hospital, who requires immediate medical aid, is something which is completely unheard of.”

Justice Dhulia said, “This is actually abetment to suicide… You first create a problem and then take a plea, now that there is a problem we cannot do anything.”

In the course of the hearing, the Chief Secretary and Director General of Police told the bench that if the evacuation of Dallewal is not peaceful considering that the farmers are resisting his shifting, there would be “collateral damage”.

“If there is resistance to a lawful action, you will have to face it and meet it with whatever the law enforcement agencies do normally… What appears to be the scenario is that Dallewal is refusing despite the fact that his health is not supporting him… He appears to be under peer pressure,” Justice Kant said.

“There are some farmers leaders, we don’t want to comment on their conduct. What kind of leaders are they if they are allowing him to die there? Please try to read in between the lines. Who are these people? Are they interested in Dallewal’s life or do they want him to die there at the spot? Their intention is questionable. We don’t want to comment on what kind of conduct they are exhibiting… Even if you shift him to the hospital, you can assure Dallewal that you will not allow him to break his fast. A person with medical aid can also continue that,” said the bench.

Jagjit Singh Dallewal is the convenor of the Samyukta Kisan Morcha (Non-Political) and is on fast-unto-death at the Khanauri border since November 26, 2024, in support of farmers’ demands, in particular a legal guarantee of minimum support price (MSP) for crops.

Having given the Punjab government a breather of four days to comply with its December 20, direction to provide medical aid to Dallewal and shift him to the hospital, the court posted the matter for further hearing on December 31, 2024.