Supreme Court Rejects PIL Asking for Clearance of Punjab’s Highways Blocked by Farmers’ Protest.
The Supreme Court has rejected a petition aimed at resolving the traffic issues faced by commuters on Punjab’s highways due to the ongoing farmers’ protest. The Court was reviewing a Public Interest Litigation that requested a writ of mandamus to the governments of Punjab, Haryana, and the Union Government to “lift restrictions on farmers’ protests and ensure that all National Highways and railway tracks remain clear for the public.” While dismissing the case, a two-Judge Bench, consisting of Justice Surya Kant and Justice Manmohan, stated, “After listening to the Petitioner’s counsel for a long time, and considering that there are already multiple PILs on this matter, we are not willing to accept new petitions on the same issue. Therefore, the writ petition is dismissed. The counsel may assist the court if they wish on the scheduled date.”
At the start of the hearing, Justice Kant mentioned that the Court is already handling a similar case and “we have taken some steps.” Advocate Amit Kumar Chawala, representing Petitioner Gaurav Luthra, a self-identified social activist, argued that the Court had only addressed the farmers’ concerns, not those of the commuters. Unwilling to accept the petition, Justice Kant remarked, “Do not submit repeated petitions. If there is already a case on a broader public issue, there is no need for more petitions in this Court. Such PILs give the impression that they are for publicity, as if someone is trying to attract attention.”
Amit Chawala asked the Bench to connect his client’s petition with another pending one, but the Bench refused. However, they allowed him to assist the Court during the hearing of the original petition. The petition states that blocking national highways goes against several laws, including Section 8(B) of the National Highway Act 1956, Section 126(2) of the Bharatiya Nayaya Sahinta 2023, Section 66 of the Motor Vehicle Act 1988, and Section 37 of the Control of National Highway (Land and Traffic) Act, 2002. The Petitioner argued that NHAI officials must clear the highways in Punjab and file FIRs against those blocking them, emphasizing the need for immediate action. They also claimed that blocking highways infringes on the fundamental right to free movement under Article 19 of the Constitution.
The petition alleges that “alleged farmers and their farmer unions” have blocked the national highway at Shambu, the entry point to Punjab, for over a year. On October 24, 2024, they blocked national and state highways across Punjab at various locations. Since October 25, farmers have been blocking all highways in Punjab from 10:00 a.m. to 03:00 p.m. The Petitioner contends that these blockages pose a threat to national security, as armed forces traveling north must use narrow village roads instead. They argue that residents of Punjab and neighboring states are struggling to reach hospitals and that the supply of essential goods like petrol, milk, and vegetables is being disrupted.
Cause Title: Gaurav Luthra v. Union of India [W.P.(C) No. 802/2024 PIL-W]
