Supreme Court livid after Punjab says "helpless" to provide medical aid to Jagjit Dallewal

The Supreme Court on Saturday took a dim view of the Punjab government's argument that the State was unable to provide medical aid to farmers' leader Jagjit Singh Dallewal who is on a fast unto death as part of the protests against the Central government for minimum support price for crops..The State government told the Court that other protesting farmers were obstructing the State's attempts to secure medical aid to Dallewal thereby, rendering the State machinery helpless."Farmers are keeping close vigil around the protest site. If a move is made to take him somewhere, then.." Punjab Advocate General (AG) Gurminder Singh submitted.We are helpless and we are saddled with the problem, he added.However, the Bench of Justices Surya Kant and Sudhanshu Dhulia said that the State has to comply with the previous orders of the Court directing Punjab to provide medical aid to Dallewal and hospitalise him if necessary."If State machinery says you are helpless, then do you know what is the repercussion. Court is not saying use unwanted force," the Bench said.The Court also took strong exception to farmers obstructing the State's attempts to ensure that Dallewal is provided medical aid."So long as the gathering is there for farmers movement as a means of peaceful agitation is understandable. But gathering of farmers to prevent someone to be taken to hospital is unheard of," Justice Kant remarked.The Court eventually granted time to the State to comply with its order. The Court also said that the State can take the assistance of the Central government to ensure that its orders are complied with."We are not satisfied with the efforts of the State of Punjab regarding compliance of orders dated December 20. Having regard to assurance by Advocate General, we are inclined to grant more time to take appropriate steps to comply with directions. If the State of Punjab requires any assistance, we direct the Central government to give all requisite support to ensure compliance with our directions," the Court directed..The Bench was hearing a contempt of court petition filed against the Chief Secretary of State of Punjab for not complying with the December 20 order of the top court wherein the State was asked to convince fasting farmers' leader to go to hospital.During the hearing today, the Punjab AG said that Dallewal was denying medical aid."Mr. Dallewal has refused to be administered medical aid. Our speaker has visited and expressed solidarity and all efforts to persuade him has not worked. He has refused medical intervention since it will weaken the movement," the AG said.He further contended that other farmers were also keeping a vigil and preventing attempts to give medical aid to Dallewal."It is either confrontation or conciliation. In case Centre negotiates with the farmers then maybe situation will ease out," he said.But the Court did not accept the State's argument."Who has allowed this thing to happen ? Who has allowed this manpower fort to be constructed there ? Who is taking care of law and order machinery," the Bench demanded.Solicitor General Tushar Mehta told the Court that Central government's intervention might deteriorate the situation."They have called for more and more farmers being called to ensure he is not taken to hospital Our intervention may not help or deteriorate the situation," he said.The Punjab government rebutted this."That may not be correct. His intervention will help," the Advocate General said..The Bench reminded that any harm to Dallewal could amount to abetment to suicide."When you (eventually) give him some aid, it may be too little too late," Justice Dhulia reminded.The Court called for strict compliance of its order and posted the case for further hearing on December 31..[Read Live Coverage].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.