The Haryana government moved the Supreme Court against the high court order to remove the barricades from the Shambhu border near Ambala. The BJP government challenged the high court order to remove the barricades within a week at the Shambhu border where farmers have been camping since February 13.
On July 12, while hearing a related matter, the top had court asked the Haryana government to remove the barricades and questioned its authority to block the highway.
The Haryana government had set up barricades on the Ambala-New Delhi national highway in February after the Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha announced that farmers would march to Delhi in support of various demands, including a legal guarantee of minimum support price (MSP) for crops.
"How can a state block a highway? It has a duty to regulate traffic. We are saying open it but regulate," a bench of Justices Surya Kant and Ujjal Bhuyan had said on June 12 after the counsel informed the bench about the state's intention of filing an appeal in the apex court.
Justice Kant had told the state's counsel, "Why do you want to challenge the high court's order? Farmers are also citizens of this country. Give them food and good medical care. They will come, raise slogans and go back. I think you don't commute by road."
The top court had made the observations while hearing a plea of the Haryana government challenging a March 7 Punjab and Haryana High Court decision to set up a committee headed by a former high court judge to probe farmer Shubhkaran Singh's death during a clash between the protesting farmers and Haryana security personnel in February.
Singh, 21, a native of Bathinda, was killed and several police personnel were injured in clashes at Khanauri on the Punjab-Haryana border on February 21.
The incident occurred when some protesting farmers were trying to head towards the barricades erected at the border and were stopped by the security personnel from marching to Delhi.
In its order, the court had also said if any law and order situation arises, the state government can take preventive action according to law.
It had issued a similar direction to the Punjab government for maintaining law and order while stating that the barricades on its side should also be removed.
(With PTI inputs)
