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Habeas corpus petition related to the alleged illegal detention of farmer leader Jagjit Singh Dallewal, the Supreme Court emphasized the importance of balancing the right to protest with public convenience
NEW DELHI: In a habeas corpus petition related to the alleged illegal detention of farmer leader Jagjit Singh Dallewal, the Supreme Court emphasized the importance of balancing the right to protest with public convenience. A division bench, comprising Justices Surya Kant and Ujjal Bhuyan, directed Dallewal to avoid obstructing highways or causing inconvenience during ongoing protests against the Central government’s policy on Minimum Support Price (MSP).
Jagjit Singh Dallewal, a prominent leader of the Samyukta Kisan Morcha (Non-Political), had planned a fast-unto-death protest at the Khanauri border near Delhi, demanding legal guarantees for MSP. However, he was reportedly removed from the protest site by police during a midnight operation and hospitalized in Ludhiana due to health concerns. Authorities claimed the hospitalization was a precautionary measure due to his pre-existing health conditions, while supporters termed it a forced detention.
Farmer leader Jagjeet Dallewal’s sister met him at the Khanouri Border (Protest site) . Today marks the seventh day of Dallewal “Fast unto death” . @KMajdoormorcha another farmer organisation has also announced the march towards Delhi on the 6th of December.#Punjab pic.twitter.com/kg4iHYh8Yw
— Akashdeep Thind (@thind_akashdeep) December 2, 2024
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Dallewal subsequently approached the Supreme Court, arguing that his forced removal and hospitalization violated his rights.He was discharged on Friday (November 29, 2024) evening. After being released from the hospital, he rejoined the protests.
The Court acknowledged that peaceful protest is a fundamental right in a democracy but underscored the need for responsibility in exercising this right. The bench advised farmers to pursue their demands without disrupting public life. With Dallewal’s release and his return to the protest, the Court disposed of the petition.
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“In a democratic setup, you can engage in peaceful protests but do not cause inconvenience to people. You all know that the Khanauri border is a lifeline for Punjab. We are not commenting on whether the protest is right or wrong,” the Bench told advocate Guninder Kaur Gill, appearing on behalf of Mr. Dallewal.
The farmer community, supported by the Kisan Mazdoor Morcha, continues to press for legal guarantees for MSP along with other demands, including implementing the Swaminathan Commission’s recommendations and waivers on farm loans. Nationwide rallies and marches toward Delhi are planned to intensify the agitation.
