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The Supreme Court today directed petitioner(s) seeking immediate temporary displacement of mass gathering from the borders of Singhu border (Delhi-Sonepat) to approach the Punjab & Haryana High Court instead. [Case title: Jai Bhagwan and Anr Vs Union of India and Ors.]

The bench led by Justice DY Chandrachud said that the High Courts were way better equipped to handle issues such as this one as they were more aware of the locally persisting situations.

Bench also said while making a general oral observation that the Petitioners must steer away from making Supreme Court of India as its first option of taking recourse to justice.

Advocate Abhimanyu Bhandari argued, "Milords the Court had directed for a border in UP the Highways to be be opened, I'm seeking at least one side of the Highway should be open, for medical and other reasons".

"We'll say, you can withdraw it and the High Court can look into this. Let's not be a Court of first recourse. The applicant can approach High Court of Punjab and Haryana, duty to take remedial steps over right to protest and right of general public," said the bench.

It is contended by the petitioners that despite the best efforts of the local medical authorities and personnel, the residents of Sonepat are facing immense hardship due to their connection with Delhi being cut due to blocking of road in the name of ongoing protests.

"The fundamental rights of the Petitioners as well as all the residents of the Sonepat district are being infringed, which not only includes the Right to Life but also the deprivation of basic amenities which includes access right to medical care and medical facilities," the plea reads.

The plea states that the highway at Singhu Border between Delhi and Sonepat in Haryana has been blocked by the protesters since November last year which has caused immense hardship to the people, residents, patients and those in need of medical support of Sonepat which is a district in close proximity to Delhi.

The plea which has been filed by residents of the national capital region who are permanent residents of Sonepat, Haryana.

The plea has been filed through Advocate Roohe Hina Dua.

What the Court has said in plea(s) seeking removal of protestors

Recently, the Top Court had made strong observations against blocking roads for purposes of carrying out protests. "Roads must not be blocked for any reason whatsoever," the Court had said, while hearing a plea which sought for removal of protestors on the Delhi NCR border.

Court said that though every citizen had the right to protest, it was not to be done at the expense of blocking ingress and digress of traffic. Court said that the solution did in fact lay in the hands of Union of India.

The plea had been filed by Monicca Agarwal alleging that that traveling to Delhi from Noida for her marketing job had become a nightmare as it took 2 hours instead of 20 minutes due to the protestors swarming the roads.

The bench while allowing time to the Central Government to find a solution over the issue, has listed the matter for further hearing on September 20.

On April 19, 2021 bench comprising Justice SK Kaul & Justice Hemant Gupta while adjourning the plea had remarked, "Don't obstruct the life of other people there. You may want to construct a village, and you can do that. But not at the cost of other's inconvenience.”

Solicitor General Tushar Mehta had then informed the bench that an endeavor was being done from their side concerning the directions issued by this Court. 

The petitioner, appearing in person, had averred that despite the various directions passed by this Court to keep the to and fro passage clear (the roads), the same still did not happen.

On April 9, 2021, the Bench comprising Justice SK Kaul & Justice Hemant Gupta after perusing the counter affidavit filed by respondent No.2, impleaded the State of Haryana and the State of Uttar Pradesh as respondent Nos.3 and 4.

Solicitor General submitted for arranging representation on behalf of the State of Uttar Pradesh.

"We have clarified to the Solicitor General that we are not concerned with the larger issue but only limited to the aspect of free flow of traffic on the streets, i.e., the public streets should not be blocked. This is an aspect which has been repeatedly emphasized in different orders of this Court.", the order dated April 9, 2021 read.

On March 26, 2021, the Bench comprising Justice SK Kaul & Justice R Subhash Reddy took note of the administrative failure as the judicial view was already propounded by the Court & issued notice to the Respondents to ensure that the road area is kept clear so that the passage from one place to other is not affected.