'Irom Sharmila was also under medical watch': SC asks Punjab to conduct Dallewal's health tests

NEW DELHI: Irom Sharmila also continued with her protest under medical supervision, the Supreme Court on Thursday said and asked the Punjab government to convince 70-year-old farmer leader Jagjit Singh Dallewal, who is on an indefinite fast, to undergo a health examination. The top court pulled up the Punjab government for not conducting medical tests on Dallewal, who is on an indefinite fast at Punjab-Haryana Khanauri border.

A bench of Justices Surya Kant and Ujjal Bhuyan said while no one was trying to uproot the farmers' protest, it only wanted to ensure Dallewal's safety, calling him a "mass leader".

"Take the case of civil rights activist Irom Sharmila from Imphal, she continued her protest for over 10 years under medical supervision. Similarly, Dallewal can also continue his protest under medical supervision," said Justice Bhuyan.

The top court was critical of Punjab government doctors' report saying Dallewal's health was alright even without conducting basic medical tests.

"Nobody should take us for granted. We are more concerned with his health. We want to know that he is alright. You people are saying he is alright. You all are not doctors... Will you be able to tell that a person who is sitting there for the last 21 days on hunger strike in the age group of 73-75 with serious ailments? You please bring that doctor before us, who says he is perfectly alright," the bench said.

It noted Dallewal's refusal to undergo any medical intervention and not allowing his blood samples to be taken or undergoing ECG or a CT scan.

The bench said, "Once he is certified to be in safe health condition, we will definitely interact with him. It is the farmers issue and you need not thank us because we have done nothing out of the way. We are only performing our duties... Convince him to go to the hospital for a week and take medical treatment and thereafter he can continue with the protest. If he is in command of the agitation, then there are other members who can continue with the agitations."

The bench's remarks came after Punjab advocate general Gurminder Singh said the farmer leader had conveyed through officials on the ground that he personally wanted to address the court.

The top court told Singh that it wanted to know about his health conditions and medical parameters which could only be done after he underwent certain tests.

The Punjab advocate general said between 3,000 and 4,000 farmers had welded their trollies with each other around Dallewal's trolley and even a deputy commissioner rank officer was stopped from stepping inside on December 18.

He said the state government had set up a makeshift hospital, two-minutes away from where Dallewal's protest site, and also stationed an ambulance with a team of seven doctors for a round-the-clock vigil.

Singh referred to reports from the ground saying physical confrontations could lead to casualties from both sides.

The bench however said, "The farmers or their leaders have never entered into any physical confrontation. These expressions and terminologies are concoctions by your officers. They (farmers) will never do any such things. They are sitting on peaceful agitation. He (Dallewal) will again join if he is provided all these basic facilities and is out of danger. Then all these things can continue. It's not that their dharna will be uprooted. There are other people who can continue with the protest."

Justice Kant said, "We don't want his fast to be broken but medical assistance can be provided to him even without forcing him to take anything. He doesn't need to take any juice or any such thing as there are several other things."

"Whether physical lifting or no lifting. The question is that unless there are test reports of his blood test, CT scan, ECG and cancer, it cannot be ascertained what is his real health condition," said the bench.

Singh sought a day's time to convince Dallewal and convey the court's sentiments for ensuring his well-being.

The bench posted the matter on December 20.

Dallewal has been on an indefinite fast at the Khanauri border since November 26 to press the Centre into accepting the agitating farmers' demands, including a legal guarantee of minimum support price (MSP) on crops.

Farmers under the banner of Samyukta Kisan Morcha (non-political) and Kisan Mazdoor Morcha have been camping at Shambhu and Khanauri border points between Punjab and Haryana since February 13 after their march to Delhi was stopped by the security forces.

The Haryana government set up the barricades on the Ambala-New Delhi National Highway in February after it was announced that the farmers would march to Delhi in support of their demands, including legal guarantee of MSP for their produce.

On December 18, the Punjab government informed the top court though meetings were held with Dallewal and others they had refused to interact with a top court appointed high-powered committee to look into their demands.

In its interim report, the panel on farmers' grievances listed reasons for agrarian distress which among others include stagnant yield, rising costs and debts and inadequate marketing system.

The high-powered committee, constituted on September 2 under former Punjab and Haryana high court judge Nawab Singh to resolve the grievances of farmers agitating at the Shambhu border, suggested solutions including examining the possibility of giving legal sanctity to MSP and offering direct income support.
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