ARTICLE
The protests leading to closure of any/all toll plazas in Punjab shall be removed within a period of four weeks, the state government has submitted before the Punjab and Haryana High Court. The undertaking was made by the counsel for Punjab on instructions from Special DGP (Law and Order) Arpit Shukla during the hearing of the petition filed by the National Highways Authority of India (NHAI) seeking security and administrative assistance for the smooth functioning of toll plazas in Punjab against forcible stoppage of toll plazas and their illegal operation by the protesters. Noting that the undertaking is accepted in the interest of justice, Justice Vinod S Bhardwaj ordered, “Let the necessary affidavit be filed by the respondents about compliance of the undertaking given in the court.” The matter will now come up for further consideration on September 13. Earlier, during the resumed hearing of the matter, an affidavit by Special DGP Shukla was filed before the HC. The HC observed, “It is evident…that security arrangements for ensuring smooth operations of the toll plazas has not been made. The said officer had earlier filed an affidavit dated February 15, 2023 assuring therein that the police would ensure that no untoward incident occurs or any damage is caused to the infrastructure of the toll plazas. Similar undertaking was also reiterated on behalf of the respondents in the subsequent affidavit dated July 12, 2023 as well…Recurrence of the problem is reflective of the lacking resolve on the part of the Government and its adhoc approach to the issues brought before it.” Asked whether the operation at the toll plazas is being carried out in violation of any statutory provisions or against the provisions of the National Highways Act, 1956, and Rules and Regulations framed thereunder, the counsel was unable to indicate any illegality committed by the NHAI or the concessionaires, as would give a right to a protester to take control over the toll plaza. Justice Bhardwaj referred to a judgment of the Supreme Court in “Beenu Rawat and others Vs. Union of India and others” case, which says “although the protesters have right to carry out the demonstrations against public functionaries, it is the duty of the police to maintain law and order and ensure that the protesters do not break the law and similar responsibility also vests on the protesters”. Justice Bhardwaj thus held, “Hence, the duty has also been cast upon the protesters 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 protesters have failed to ensure that the duties/responsibilities enjoined upon them are discharged to the fullest.” None
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