We are prepared to issue an order for the use of force if required to clear the road blockade caused by protestors advocating for the release of Sikh prisoners.
PUNJAB & HARYANA HIGH COURT
Arrive Safe Society v. State Of Punjab & Ors
CWP-PIL-22-2023
Coram Hon’ble Mr. G.S. SANDHAWALIA, HARPREET KAUR JEEWAN
FACTS:
It is mentioned that the demonstrators are transferring a ‘Jatha’ each day from the protest location to the dividing road between Sector 52-53 through Mohali. During this movement, they engage in the recitation of religious hymns. Following this, they return to the protest area near the dividing road of Sector 51-52 daily. Law enforcement officers are consistently stationed at both the protest camp and the Sector 52-53 dividing road at the border adjacent to Mohali. Evidently, there are approximately 100-120 protesters during daytime, and this number decreases to around 70-80 during nighttime, according to the provided statement. A gathering took place on July 6, 2023, involving law enforcement authorities and delegates from the protesting group. During the meeting, the protesters were recommended to pursue their legal options. Corresponding discussions were convened on July 21, 2023, and July 27, 2023, with participation from Punjab State officials as well. These interactions aimed at peacefully resolving the matter.
COURT ANALYSIS AND DECISION:
The purpose of the meeting was to address the existing concerns, during which the delegates from the ‘Qaumi Insaff Morcha’ were requested to end the ‘Dharna’ due to the difficulties faced by the public. Additionally, alternative protest sites in SAS Nagar were proposed to them, and the idea of partially opening the road from Mohali to Chandigarh was discussed. However, the Morcha representatives expressed the need to consult with their Committee members before making any decisions. Mr. Navkiran Singh, the Advocate representing the ‘Morcha,’ also reassured the Court that they would make efforts to resolve the matter before the upcoming hearing date. The judges were inclined to clearly state that according to the law, public roads cannot be obstructed, and the general public should not be inconvenienced. The judges were prepared to direct the State to use force, if necessary, to ensure the roads are cleared, as the law is unequivocal on this matter.
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Written by- Srijan Garg