Dharna by Quami Insaaf Morcha: Roads can’t be blocked, public can’t be put to inconvenience, says HC

The petitioner seeks the removal of encroachments from around YPS Chowk, Mohali, where dharna is being staged by members of Quami Insaaf Morcha to demand the release of Sikh prisoners.

As the proceedings resumed in the matter, an affidavit of Mridul, SP (City), Chandigarh, was taken on record, which stated that “the protesters are moving a ‘Jatha’, on a daily basis from the protest site to Sector 52-53 dividing road through Mohali, where they chant religious hymns. Thereafter, they returned to the protest site at Sector 51-52 dividing road on a daily basis. Police personnel are being deployed regularly at the camp site, as well as at Sector 52-53 dividing road border on the Mohali side.”

Apparently, there are only 100-120 protesters during the day and the number dwindles to about 70- 80 at night, as per the affidavit.

It is further submitted in the Chandigarh Police affidavit that on July 6, 2023, a meeting was held between the police officials and the representatives of the protesters and they were advised to seek recourse to their legal remedies. Similar meetings were also held on July 21, 2023 and July 27, 2023 which included the officials from the state of Punjab and efforts have been made for peaceful resolution of the issue.

Another affidavit was filed by Dr Sandeep Kumar Garg, SSP, Mohali, as per which the meeting was held to resolve the issues and that the representatives of ‘Qaumi Insaf Morcha’ were asked to remove the ‘dharna’ in view of the inconvenience faced by the public.

Alternates sites, which were already designated for protests in Mohali, also suggested to the representatives and they proposed to open one side of the road running from Mohali to Chandigarh but they sought time to consult their committee members before finalising anything, mentioned the affidavit of SSP, Mohali.

Advocate Navkiran Singh, appearing for the ‘Morcha’, assured the court that an effort will be made to resolve the issue by the next date of hearing.

The Bench remarked, “We are inclined to put it down in black and white that the law as such is clear that public roads cannot be blocked and general public cannot be put to inconvenience and we would have no hesitation to issue such directions to the State to get the roads cleared by using force, if necessary.”

Accordingly, “we defer the proceedings for August 17, 2023, with the hope that better sense would prevail upon them”, said the Bench.