The Supreme Court has raised serious concerns with the Haryana government following a High Court order this week that directed the re-opening of the Shambhu border crossing. This crossing has been closed since February to prevent farmers protesting the central government’s agricultural policies from marching on Delhi.
“How can the state block a highway? It has a duty to regulate traffic… we are saying ‘keep the border open, but also control it,” the Supreme Court stated during oral observations on Friday.
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In a light-hearted but pointed exchange, the two-judge bench of Justice Surya Kant and Justice Ujjal Bhuyan asked the state’s lawyer if he used the highway for travel. Justice Kant quipped, “I think you travel by road…” to which the lawyer confirmed, “Yes.” The judge then remarked, “So you (too) must be facing trouble…”
Shubhkaran Singh death
The Haryana government had appealed a part of the Punjab and Haryana High Court’s order, which mandated a judicial inquiry into the death of 22-year-old farmer Shubhkaran Singh. Singh, one of the many farmers who marched to the Shambhu border after negotiations failed, was reportedly shot dead amid the state’s heavy fortifications of barbed wire, shipping containers, and cement barricades.
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The High Court had instructed that the highway be re-opened “on an experimental basis” within a week, noting that the number of farmers at the Shambhu Border had decreased significantly. Both Punjab and Haryana were directed to ensure law and order at the Shambhu border and along the highway, ensuring that protesters adhered to state-imposed limits.
‘Why does the state want to challenge the order?’
In response to the High Court’s directive, the Haryana government approached the Supreme Court, which immediately questioned the state’s motives. “Why does the state want to challenge the order?” the Supreme Court asked.
The Court also reminded the ruling BJP that “farmers are citizens” and suggested that authorities show some consideration during future protests. “Give them food and good medical facilities. They will come, raise slogans and go back,” the Court advised.
Background of farmers’ protests
In early February, approximately 200 farmer unions, representing an estimated one lakh farmers from Haryana, Punjab, and Uttar Pradesh, began marching towards Delhi. This movement echoed the protests of 2020/21, during which dozens died, and the city was blockaded for months.
Initial clashes at the Shambhu border, located around 200 km from Delhi, saw police using smoke bombs from drones to disperse the farmers. Videos from the scene showed farmers jumping concrete barriers, pushing aside metal barricades, and engaging in confrontations with police amid smoke and tear gas.
