Saurabh Malik

Chandigarh, July 26

Rapped by the Punjab and Haryana High Court for failure to make security arrangements to ensure smooth operations of the toll plazas despite repeated assurances, the State of Punjab has undertaken to remove within four weeks "protests leading to closure".

"Recurrence of the problem is itself reflective of the lacking resolve on the part of the government and its ad hoc approach to the issues brought before it," Justice Vinod S Bhardwaj of the high court asserted.

The Bench also noted that the protestors had not fully discharged their duties and responsibilities. The observations came on a plea filed against the State and other respondent by the National Highway Authority of India and other petitioners through senior advocate Chetan Mittal with counsel R.S. Madan, and Mayank Aggarwal.

Justice Bhardwaj asserted perusal of a reply placed before the Bench made it evident that the security arrangements for ensuring smooth operations had not been made by the respondent-State. Despite previous assurances in affidavits dated February 15, 2023, and July 12, 2023, the State failed to prevent disturbances and damage at the toll plazas.

Citing Supreme Court judgment in the case of 'Beenu Rawat and others versus the Union of India and others", Justice Bhardwaj asserted it was held that the protestors had a right to carry out the demonstrations against public functionaries. But it was the duty of the police to maintain law and order and ensure that the protestors did not break the law. Similar responsibility also vested on the protestors. Proper balance amongst the rights and duties was required to be maintained.

"Hence, the duty has also been cast upon the protestors to abide by the mandate of law. In an anxiety to put-forth their point, they should not traverse the rights that have been conferred upon other persons including statutory authorities. It is evident that the police as well as the protestors

have failed to ensure that the duties/responsibilities enjoined upon them are discharged to the fullest," Justice Bhardwaj asserted.

Before parting with the order, Justice Bhardwaj took note of the State counsel's assurance, on instructions from Special Director-General of Police, Law and Order, Arpit Shukla, that the protests leading to toll plaza closures would be resolved within four weeks. The court accepted the undertaking, while asking the State to file an affidavit confirming compliance by September 13.