Haryana Government Challenges High Court Order on Shambhu Border Barricades

Keywords: Haryana government, Supreme Court, Shambhu border, farmers’ protest, barricades, law and order, Ambala-New Delhi highway, minimum support price (MSP)

The Government of Haryana has filed an appeal with the Supreme Court, challenging a High Court order that mandated the removal of barricades at the Shambhu border near Ambala, where farmers have been protesting since February 13.

Background of the Barricades

The barricades were set up by the Haryana government on the Ambala-New Delhi national highway in response to a call by the Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha for farmers to march to Delhi. The farmers’ demands include a legal guarantee of the minimum support price (MSP) for crops.

Legal Proceedings

The State Government’s appeal, filed through advocate Akshay Amritanshu, argues that the barricades were necessary to maintain law and order. This appeal comes after the top court’s July 12 hearing, where it questioned the state’s authority to block a highway and emphasized the need to regulate traffic instead.

“How can a state block a highway? It has a duty to regulate traffic. We are saying open it but regulate,” stated a bench of Justices Surya Kant and Ujjal Bhuyan on June 12. Justice Kant further remarked, “Farmers are also citizens of this country. Give them food and good medical care. They will come, raise slogans and go back.”

Context of the Appeal

The Supreme Court made these observations while hearing a plea from the Haryana government that challenged a March 7 Punjab and Haryana High Court decision. This decision called for a committee, led by a former high court judge, to investigate the death of farmer Shubhkaran Singh during clashes between protesting farmers and Haryana security personnel in February.

Shubhkaran Singh, a 21-year-old from Bathinda, was killed, and several police personnel were injured during the clashes at Khanauri on the Punjab-Haryana border on February 21. The incident occurred when protesting farmers were stopped by security personnel from marching towards Delhi.

High Court’s Directive

The High Court, in its order, had also stated that the State Government could take preventive action according to the law if any law and order situation arises. This directive underscores the balance between maintaining public order and respecting the rights of citizens to protest.

Implications

The Supreme Court’s decision on this appeal will have significant implications for both the ongoing farmers’ protests and the broader question of balancing state authority with citizens’ rights to peaceful assembly and protest.

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