Dallewal not detained, but hospitalised: Punjab govt tells HC

Chandigarh: Senior farmer leader Jagjit Singh Dallewal is not being detained but admitted in a Patiala hospital, according to his own wish, the Punjab government submitted before the high court on Monday.

Punjab and Haryana High Court had on Friday issued a notice to the state government to file a reply and a status report on the fasting farmer leader's alleged detention.

The government informed the high court that the senior farmer leader was admitted in a private hospital in Patiala "as per his own wish as he has opted for hospitalisation, keeping in view his health condition" and added that he was free to leave.

A petition had been filed by a Hoshiarpur resident seeking Dallewal's release from "illegal detention" of police.

The high court had issued the notice to the Punjab government on a habeas corpus filed for the farmer leader.

Dallewal is a leader of the joint forum of the Samyukt Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha. The petitioner had contended that the alleged detention violated his fundamental rights under Article 21 and Article 22 "as no formal arrest procedures or charges were followed".

As the matter came up for hearing before the high court on Monday, the Punjab Police submitted that Dallewal had not been detained.

The reply by way of an affidavit was filed on behalf of the state.

The counsel for the petitioner submitted that the respondents (state) were not allowing Dallewal's family members to meet him in the hospital.

He requested that direction be issued for arranging a meeting of Dallewal with his family members on the hospital premises.

"At this stage, learned state counsel has submitted that as per the orders of the hon'ble apex court, the state is responsible for medical care of the alleged detenue," the high court said in its order.

"It has no objection in meeting the family members of the detenue in the hospital premises. Keeping in view the request of the counsel for the petitioner, the respondents are directed to ensure meeting of the family members of the alleged detenue in the hospital premises without any hindrance either from the side of respondents or the hospital authorities, however, by observing the protocol of the concerned hospital," it ordered.

Justice Manisha Batra passed the order while hearing the habeas corpus.

Gurmohan Preet Singh, a counsel representing Dallewal, said they contended before the high court that the authorities were not allowing his family to visit him.

After the hearing, the advocate said Senior Superintendent of Police (Patiala) Nanak Singh filed an affidavit before the court as state reply.

"The next hearing is fixed for March 26 when the state has been asked to file the next status," he said.

The Punjab Police detained several farmers and many farmer leaders in Mohali on March 19 as they were returning after a meeting with a central delegation led by Union Agriculture Minister Shivraj Singh Chouhan.

During the meeting, the farmers' various demands, especially a law guaranteeing minimum support price (MSP) for crops, were discussed.

As the farmers entered Mohali after the meeting, they were met with heavy barricading and some of their leaders detained.

Dallewal, who has been on an indefinite fast since November 26, was taken to the Punjab Institute of Medical Sciences in Jalandhar. Later, he was taken to the PWD resthouse, from where he was taken to a private hospital in Patiala on Sunday.

The Punjab Police on Monday said it released nearly 800 farmers from detention and was going to free another 450 on the direction of the state government.

Hundreds of farmers had been taken into custody since March 19 after the AAP government decided to clear the protest sites, claiming that the stir had impacted businesses, industries and the general public.

In a statement, Inspector General of Police (Headquarters) Sukhchain Singh Gill said, "The Punjab government has already released approximately 800 farmers from the police custody."

The protesting farmers had lashed out at the government for detaining their leaders and removing protesters from the Shambhu and the Khanauri border points, where they had been camping since February 13 last year after their march to Delhi was thwarted by security personnel.

Dallewal, the president of the Bharatiya Kisan Union (Ekta Sidhupur), hails from the Dallewal village in Punjab's Faridkot district.

His organisation was part of the Samyukta Kisan Morcha, which spearheaded a farmers' stir in 2020 against three contentious laws that have since been repealed. It broke away after Samyukta Kisan Morcha leader Balbir Singh Rajewal formed the Samyukta Samaj Morcha to contest the 2022 assembly polls in Punjab.

Dallewal later formed the Samyukta Kisan Morcha (Non-Political) by involving like-minded farmer leaders.