The Punjab government has pledged to remove all protests leading to the closure of any toll plazas in the state within four weeks, as submitted to the Punjab and Haryana High Court.
This commitment was presented by Punjab’s counsel, instructed by Special DGP (Law and Order) Arpit Shukla, during a hearing of a petition by the National Highways Authority of India (NHAI). The NHAI sought security and administrative support for the smooth operation of toll plazas in Punjab, which have been forcibly stopped and illegally operated by protesters.
Accepting this pledge in the interest of justice, Justice Vinod S Bhardwaj ordered, “An affidavit confirming compliance with the court’s undertaking must be filed by the respondents.” The next hearing is scheduled for September 13.
During the resumed hearing, an affidavit from Special DGP Shukla was presented, highlighting that security measures for the toll plazas had not been implemented. Shukla had previously assured on February 15, 2023, that the police would prevent any incidents or damage to the toll plaza infrastructure. This assurance was reiterated in a subsequent affidavit on July 12, 2023. The court noted that the recurring issues indicate a lack of commitment and an ad hoc approach by the government.
When questioned about any statutory violations or breaches of the National Highways Act, 1956, by the NHAI or concessionaires, the counsel could not point to any illegality justifying the protesters’ actions to take control of the toll plazas.
Justice Bhardwaj referred to a Supreme Court judgment in the “Beenu Rawat and others Vs. Union of India and others” case, stating that while protesters have the right to demonstrate against public authorities, the police must maintain law and order, ensuring protesters do not break the law.
Justice Bhardwaj concluded, “Protesters must adhere to the law and not infringe on the rights of others, including statutory authorities. Both the police and the protesters have failed to fulfill their respective duties and responsibilities.”