The Supreme Court today disposed of a habeas corpus petition filed seeking release of farm leader and Sanyukta Kisan Morcha (Non-political) chief Jagjit Singh Dallewal on being informed that he was no longer in the allegedly illegal custody. While disposing of the petition, the Court urged the farmers protesting on the borders of Punjab not to obstruct highways and cause inconvenience to the general public.

The Court was hearing a petition filed under Article 32 of the Constitution submitting that Dallewal was "unlawfully detained" from the vicinity of the Khanauri border in Punjab, one day before was to commence a fast unto death against the non-fulfilment of certain promises made by the Union Government during the 2020-21 farmers' protest.

The petition states that Dallewal was detained at around 2 a.m. on November 26 by a troop of around 250 officers, comprising of Central Reserve Police Force officers, along with Haryana and Punjab Police who "broke and cut through the fiberglass wall of the temporary room located on the highway of Khanauri border...in which Mr. Jagjit Singh Dallewal was sleeping, and kidnapped him to an undisclosed location."

The petition was filed on November 29 through the farm leader's 'next friend' Advocate Guninder Kaur Gill after Dallewal was "incommunicado and untraceable" for four days and submits that detention set a "tyrannical precedent".

A two-Judge Bench comprising Justice Surya Kant and Justice Ujjal Bhuyan disposed of the petition noting that it was informed that Dallewal is "no more in alleged illegal custody", adding, "We have seen that he has been released and he even persuaded a fellow protestor to end his fast-unto-death protest on Saturday."

The Bench said, "In a democratic setup, you can engage in peaceful protests but do not cause inconvenience to people. You all know that the Khanauri border is a lifeline for Punjab. We are not commenting on whether the protest is right or wrong".

The Bench said the issues raised by the agitating farmers are pending before the Court in another matter and hence, it was not inclined to entertain the issues raised in the petition.

The petition submits that Dallewal was detained without following the due procedure laid down by law, that no arrest memo was produced, nor any First Information Report was registered against him and that his family was not informed of the detention. It submits further that he was not produced before a Magistrate within 24 hours of his detention, as is required by law.

"The State, Union and its authorities are setting a tyrannical precedent by unlawfully detaining Mr. Jagjit Singh Dallewal which is against the spirit of constitutional morality and the basic structure of the Constitution of India." it asserts, adding that the State is attempting to instil fear of "unjust consequences" in other farmers protesting around the country.

The promises made by the Union Government that it claims remain unfulfilled include a guarantee of minimum support price in consonance with the Swaminathan Committee recommendations, punishment for the perpetrators of the Lakhimpur Kheri "massacre" and justice for the victims and their families.

The protestors are also demanding the withdrawal of pending cases filed in relation to the 2020-21 protests, non-penalisation of farmer for stubble burning and and subsidies for electricity and waiver of bills and compensation for the families of those who died during the course of the agitation.

Cause Title: Jagjit Singh Dallewal Through: Guninder Kaur Gill Next Friend of Jagjit Singh Dallewal v. Union Of India And Ors. [W.P.(Crl.) 491/2024]

Justice Surya KantJustice Ujjal Bhuyan

Tushar Kohli