Title: Arrive Safe Society vs. State of Punjab and others
Decided on: 9th october 2023
CWP-PIL-22-2023 and CWP-11390-2023
Coram: JUSTICE G.S. SANDHAWALIA & JUSTICE HARPREET KAUR JEEWAN
Introduction
Punjab and Haryana High Court orders to Implead union ministry of Home Affairs against roadblock by protestors seeking release of Sikh prisoners in Mohali, upon the suggestion of Advocate General for Punjab to conduct a joint Operation with the assistance of central agencies.
Facts of the case
Quami Insaaf Morcha was sitting on dharna on the road adjoining YPS Chowk from Chandigarh to Mohali which lead to severe traffic issues. The Court had earlier warned that it would get the roads cleared by using force, if necessary. PIL was filed by the Arrive Safe Society in March 2023, alleging that the protest has been going on since January 2023, causing inconvenience to the general public who need medical facilities, and are school-going students. The protestors seek enhancement of punishment in cases of sacrilege with the Central Government, premature release on good conduct of Sikh prisoners, including Balwant Singh Rajoana, a convict in former Punjab CM Beant Singh’s assassination and Devinderpal Singh Bhullar, a 1993 Delhi bomb blast convict.
Court Analysis and Decision
Its observed that various meetings were held with the representatives of Qaumi Insaaf Morcha and the details of demands given by them are:
(i)Enhancement of punishment in cases of sacrilege with the Central Government.
(ii) The State Government and UT Administration shall sympathetically consider the cases of Lakhwinder Singh, Gurmeet Singh, Shamsher Singh and Paramjit Singh Bheora for pre-mature release in accordance with law, in view of their good conduct.
(iii) Cases for pre-mature release of Gurdeep Singh and Devender Pal Singh Bhullar must be taken up with the concerned Governments for expeditious disposal as per law.
(iv) Expeditious conclusion of the trial of cases against Jagtar Singh Hawara and Jagtar Singh Tara.
Efforts are being made to resolve the issues peacefully & amicably and completely lift the dharna in order to clear the road at the earliest. Petitioners submitted that the site in question does not have substantial number of protestors any more and the agitation as such was losing steam. It was contended that rather as a matter of protection, it is the police authorities who are not opening the roads on both the sides and traffic is only being permitted on one side of the divider. Therefore, the Advocate General suggested that it would be appropriate if a joint operation is conducted both by the Chandigarh Police and the Punjab Police with assistance of central government agencies to resolve the matter. Further impleadment of Union of India through Secretary, Ministry of Home Affairs, New Delhi was directed.
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Written by- K R Bhuvanashri
