The Supreme Court on Wednesday while hearing Haryana government's petition challenging the Punjab & Haryana government's order directing the removal of barricades at the Shambhu border, said that it does not want a fight between the state of Punjab and Haryana. The top court said that the Centre must take steps to reach out to protesting farmers and asked why the state governments and Centre can't send a "neutral umpire" to famers to address the issue.
"You have to take some steps to reach out to farmers. Why would they otherwise want to come to Delhi? You are sending Ministers from here and despite their best intentions there is a trust deficit. They will think you are only talking about self interests and ignoring local issues. Why don't you send a neutral umpire?" the bench asked.
Solicitor General Tushar Mehta told the court that the Centre and state of Haryana don't have any problem with farmers coming to Delhi
"But coming with tanks, JCBs cause friction. Earlier it was the pretext of the farm laws..." SG Mehta said.
Justice Kant at this point raised concerns over trust deficit between farmers and government and said that the top court shall think of appointing some independent person.
Justice Bhuyan also said that Haryana cannot keep highways blocked for days on end. He further added that ofcourse farmers also cannot protest with JCBs.
SG Mehta appearing for Haryana said that he is seeking stay on direction for Haryana to open borders.
"Even as a welfare state we cannot afford untoward things when dealing with sensitive matters. These are prohibited only on national highways. No act permits. MV Act prohibits them."
SG Mehta further told the court that JCBs are converted into "virtual war tanks."
"I am saying this with a sense of responsibility. Armored vehicles we have photographs," SG Mehta told the top court.
Appearing for the state of Punjab, AG Gurminder Singh told the court that Haryana government is well within their rights to regulate, but highway blockade is resulting in huge economic ramifications for Punjab.
The Supreme Court bench then proposed a committee to reach out to farmers with consensus of Punjab, Haryana and Centre to talk to farmers and tell them where they are right and wrong.
Punjab AG Singh agreed that a consensus approach was needed.
SG Mehta said that let Punjab also regulate the borders.
At this point the top court said that it does not want a fight between Punjab and Haryana.
The top court directed the states and Centre to constitute an independent committee comprising such eminent persons who can reach out to farmers and other stakeholders in order to find out viable solution to their demands that can be fair, just and in the interests of one and all.
"The States of Punjab and Haryana can suggest some names or else they can leave it to us to find out some suitable persons," the top court said.
The top court asked the counsels to come back with appropriate instructions within a week and ordered maintenance of status quo at Shambhu Border.
"Both the States will also discuss on and take steps to remove the barricades in a phased manner so as not to inconvenience the public."
The Haryana government moved the top court against a July 10 order of the Punjab and Haryana High Court, directing the state to remove within a week the barricades at the Shambhu border near Ambala.
The Haryana government on July 12 filed a Special Leave Petition (SLP) before the top court, challenging the high court order, while stating it was not in favour of opening the Shambhu border as the closure was necessary to maintain law and order given the ongoing farmer agitation.
Earlier, the top court in a related matter asked the Haryana government to remove the barricades at the Shambhu border while questioning its authority to block the highway.
“How can a state block a highway? It has a duty to regulate traffic. We are saying open it but regulate,” a bench of Justices Surya Kant and Ujjal Bhuyan said.
Farmers have been camping since February 13 at the Shambhu Border.