Delhi Chalo: Two PILs in HC, one for peaceful protest, other against blockage of highways by protesters

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The petitioner said that the actions of the Haryana authorities, including the suspension of mobile internet services and bulk SMS in several districts such as Ambala, Kurukshetra, Kaithal, Jind, Hisar, Fatehabad, and Sirsa further exacerbate the situation, depriving the citizens of their right to information and communication.

“The road blockade not only inconveniences residents but also hampers the movement of ambulances, school buses, pedestrians, and other vehicles. This obstruction has resulted in increased traffic on alternative routes, causing delays and difficulties for commuters, including professionals like advocates, doctors and emergency services who are unable to reach their workplaces and attend to patients promptly,” read the petition.

Singh further submitted that the imposition of Section 144 of Criminal Procedure (CrPC) in Ambala and Kaithal districts, along with the placement of cemented barricades, spike strips, and other obstacles on various roads, demonstrates a concerted effort by the state authorities to suppress dissent and stifle democratic expression. And the actions, coupled with the unwarranted use of force and intimidation tactics by the police, not only infringe upon the fundamental rights guaranteed under Articles 19(1) (a) and 21 of the Constitution of India but also undermine the principles of democracy and rule of law.

The petitioner highlighted that the farmers’ proposed march on February 13, organised by numerous unions to press for the acceptance of their legitimate demands, including the enactment of a law to guarantee a minimum support price (MSP) for crops, is a manifestation of their democratic right to protest peacefully. However, the Government of Haryana’s notification, dated February 10, 2024, unlawfully suspends mobile internet services, bulk SMS services, and other telecommunications services in several districts, violating the fundamental right to move freely under Article 19 of the Indian Constitution.

“This notification restricts the movement of individuals and inhibits their ability to access information, thus impeding their right to assemble and protest peacefully,” the petitioner argued.

He also contended that notifications by the Haryana government and the diktat by the Commissioner of Ambala on February 9, 2024, which unlawfully restrict the movement of individuals and prohibit peaceful assembly, are unconstitutional and violative of the fundamental rights guaranteed under the Indian Constitution.

It asserted further that “in a country guided by the rule of law, actions taken by law enforcement authorities should be consistent with legal standards and respect fundamental rights and freedoms. Implementing obstacles such as layers of nails, reinforced concrete walls, electrification, and barbed wire fences… risk undermining the foundations of a democratic society governed by the rule of law, where respect for human rights and legal principles should prevail.”

One more PIL seeks action against farmers’ march

Another PIL was filed at the HC, urging the states of Punjab, Haryana, the Central Government, and NHAI (National Highway Authority of India) to stop the farmers’ march. The petitioner, Arvind Seth, a resident of Panchkula and an Advocate at the Punjab and Haryana High Court, emphasized the need to prevent blockage of National Highways, State Highways, and railway tracks in Punjab and Haryana by agitators. The petition called for immediate action against these individuals in accordance with the National Highway Act, 1956.

Seth, in the petition, highlighted the inconvenience to commuters caused by agitators marching towards Delhi. He said the unregulated movement of thousands of vehicles towards the National Capital had led to significant public inconvenience. The petitioner contended that the public faced hindrances in freely traveling on National Highways due to the unapproved movement of vehicles.

Additionally, Seth criticized the actions of Haryana Authorities, such as the suspension of mobile internet services and bulk SMS in several districts, exacerbating the situation by infringing upon citizens’ right to information and communication.

The petitioner sought court directions for preventive measures to maintain law and order in Punjab and Haryana, ensuring the free flow of the public, preventing road blockages, and safeguarding government and private properties. Furthermore, Seth requested the identification of individuals responsible for blocking railway tracks and roads, causing financial losses to the state exchequer. He urged the recovery of damages from these agitators, as assessed by the Claims Commissioner.