The Punjab and Haryana High Court recently said that no immunity can be extended to protestors misusing Guru Granth Sahib as a “shield” while demanding the release of Sikh prisoners [Arrive Safe Society Vs. State of Punjab and others].
The division bench of Acting Chief Justice Gurmeet Singh Sandhawalia and Justice Lapita Banerji said that despite repeated opportunities, neither the State of Punjab nor Union Territory of Chandigarh had been able to give any redressal to the commuters facing problems due to the sit-in protests at the Mohali-Chandigarh border.
The mere fact that some of the protestors were placing Guru Granth Sahib at the site was no reason for State of Punjab to not act against them, the Court made it clear.
“Only on account of the fact that some of the protestors have been hiding behind a shield of religious legitimacy by placing the Guru Granth Sahib would not as such give the State reason not to act against the persons concerned, who are misusing the religious sentiments,” said the Court.
It added that on account of a handful of people sitting and blocking the road, inconvenience was being caused to the commuters and residents of the tri-city (Chandigarh, Mohali and Panchkula).
The Court made the remarks while hearing a petition filed by a Non Governmental Organisation (NGO) Arrive Safe Society last year for removal of the protestors.
The plea alleged that the sit-in was causing grave inconvenience to the commuters travelling between Punjab's Mohali and Chandigarh.
In the latest order, the Court recalled that it had earlier even summoned the Director General of Police (DGP) of Punjab in the matter to ensure removal of the protestors.
However, it said both Punjab as well as Chandigarh Administration were dragging their feet over the issue.
“It is also apparent from the photographs which have been placed on record that there is no large gathering. In spite of the fact that it is well known that all the agitators from the rural background are busy in harvesting and it is most opportune time to remove the blockage of the road, the State of Punjab and the Union Territory, Chandigarh, are dragging their feet for the reasons best known to them,” said the Court.
While deferring the proceedings for hearing on April 18, the Court said it expects the authorities to “wake up from their slumber” and keep in mind the Supreme Court’s observations against occupation of public ways by protestors.
“Resultantly, we defer the proceedings for 18.04.2024 hoping that the State of Punjab and the Union Territory, Chandigarh, will wake up from their slumber and keep in mind the observations of the Apex Court in State of Himachal Pradesh and another Vs. Umed Ram Sharma, 1986 (2) SCC 68 and Amit Sahni Vs. Commissioner of Police and others, 2020 (10) SCC 439," the Court said.
Advocate Ravi Kamal Gupta represented the petitioner.
Advocate General Gurminder Singh and Additional Advocate General Gagneshwar Walia represented the State of Punjab.
Senior Standing Counsel Amit Jhanji represented the UT Chandigarh along with Advocate Abhinav Sood and Advocate Anand Gupta.
Additional Solicitor General of India Satya Pal Jain and Advocate Saigeeta Srivastava, Advocate represented the Union of India.
Advocates GPS Bal and GS Dhaliwal appeared for the protesters.
[Read Order]