Background
The Shambhu Border, a crucial link between Punjab, Haryana, Delhi, and Jammu & Kashmir, was closed by the Haryana Government in February during farmers' protests. This closure aimed to prevent protesters from Punjab entering Haryana, leading to significant public inconvenience.
High Court Order
On July 10, the Punjab and Haryana High Court issued an order noting the importance of the Shambhu Border as a "lifeline" for public movement and criticized its closure for causing widespread inconvenience. The division bench of Justices GS Sandhawalia and Vikas Bahl directed both states to restore law and order and reopen the highway to its original state.
Court's Observations
During proceedings, the Additional Advocate General for Haryana cited concerns of potential disruptions by remaining protesters. The Court responded firmly, asserting democratic rights and dismissing fears over law enforcement's capability to manage any disruptions.
Rationale for Decision
The High Court emphasized that preventive measures leading to the closure had caused substantial disruptions to public transport and daily life for several months. Initially cautious due to large protester numbers, the Court acknowledged the reduced presence but insisted on adherence to legal norms by the Kisan Union.
Current Legal Status
The State of Haryana has contested the High Court's directive at the Supreme Court, challenging the order to unblock the Shambhu Border. Additionally, another petition opposing a judicial inquiry into the death of a farmer during the protests is also pending before the Supreme Court.
Case Details
- Case Name: THE STATE OF HARYANA VS. UDAY PRATAP SINGH
- Diary Number: 30656/2024
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