SC seeks Punjab Government reply on petition challenging P&H HC's order for removing protestors from YPS Chowk

A bench of Justices BR Gavai, KV Viswanathan, and Nongmeikapam Kotiswar Singh issued notice on the petition and tagged the matter with other similar petitions.

The court has sought responses from Arrive Safe Society, Punjab State, the Punjab's Director General of Police, SAS Nagar Mohali's Deputy Commissioner, and SAS Nagar Mohali's Superintendent of Police, among others.

The petitioner said, "This Special Leave Petition impugns the order dated April 9, 2024, passed by the High Court of Punjab and Haryana of Judicature at Chandigarh, whereby the High Court directed the respondent, the State of Punjab and the Union Territory of Chandigarh to forcefully remove the protestors (petitioner group) from the site by falsely attributing them to encroaching and obstructing the traffic flow on the Chandigarh and SAS Nagar Mohali despite evidence contrary to it."

As an interim relief, the petition has sought an interim stay on the operation of the order dated April 9, 2024 passed by the High Court of Punjab and Haryana.

The petition was filed by Kaumi Insaaf Morcha' through an advocate on record Satya Mitra.

The petitioner 'Kaumi Insaaf Morcha' represents an unregistered group that has been leading a non-violent and peaceful protest demonstration for over 1.5 years at the border of Chandigarh and Mohali YPS Chowk. The protestors are aggrieved by the respondent, the State of Punjab and the Union of India for not releasing and paying heed to the long-standing demands of the people of Punjab for releasing the Sikh prisoners who have been sentenced to life imprisonment and having completed their prison sentences but continue to languish in jails since over 20 years.

For this reason, the unregistered group under the banner of 'Kaumi Insaaf Morcha', comprising of the family members of those in prison and other concerned members of civil society, started a sit-in protest seeking the release of those prisoners and expediting hearings over their premature releases, parole and furloughs, among others.

"This longstanding demand for the release of Sikh Political Prisoners have been a sensitive and emotional issue for the people of Punjab. The movement is giving a representation to those demands through a peaceful sit-in that is neither causing any disturbance of public tranquility and nor falls under the reasonable restrictions specified in Article 19(2) of the Indian Constitution," the petition said.

The demands of the protestors from the State of Punjab and Union of India are- cases for pre-mature release of Gurdeep Singh Khera (more than 31 years in prison) and Devender Pal Singh Bhullar (more than 26 years in prison) be taken up with the concerned governments for expeditious and positive disposal.

It further demanded that the state government and UT administration to sympathetically consider the cases of Lakhwinder Singh (more than 26 years in prison), Gurmeet Singh (more than 26 years in prison), Shamsher Singh (more than 26 years in prison), and Paramjit Singh Bheora (more than 23 years) for pre-mature release in accordance with the law, in view of their good conduct. The petition demanded that the cases for pre-mature release of Gurdeep Singh Khera (more than 31 years in prison) and Devender Pal Singh Bhullar (more than 26 years in prison) be taken up with the concerned Governments for expeditious and positive disposal.

For expeditious conclusion of trials of cases against Jagtar Singh Hawara (more than 25 years in prison) and Jagtar Singh Tara (more than 15 years), the petition demanded. It further demanded the transfer of jail from Delhi to Punjab for Jagtar Singh Hawara, who is neither a convict nor an undertrial in Delhi but is illegally kept in Delhi jail while his cases pertain to the state of Punjab. The state government to take up cases for enhancement for punishment for sacrilege cases with the Central government, the petition demanded.

It further submitted that the demands of the protestors have been legal and the sit-in protest started only after the respondent governments undertook no effort to acknowledge the demands of the Morcha. The protestor group had initially submitted a detailed memorandum against the unjust and illegal incarceration of Sikh prisoners, who have been languishing in jails after having completed their sentences. (ANI)