JUDGMENT 1. - On 25.3.2010, we had passed a detailed order taking note of the fact that about seventy persons lost their lives in previous Gujjar reservation agitation apart from serious damage to public as well as private properties. The Court passed the order to ensure that such type of happenings are not repeated, therefore, the Government was expected to take all necessary measures. 2. Learned counsel for petitioner submits that despite aforesaid order, roads have been blocked at various places resulting diversions of traffic causing great inconvenience to public at large. Public order is not being maintained properly by the Government. Learned counsel further submits that in the light of the order passed by Hon'ble Apex Court in a suo moto petition No. 16687/2007, the Government may be directed to constitute a Committee to look into all aspects including grievances raised by the agitating Gujjar community to defuse the situation. The Government may further be directed to take all necessary measures to prevent blockage of roads, chocking of railway lines and any act of violence. 3. Mr. S.R. Bajwa, Sr Advocate, while assisting the Court, submits that the Government has not taken proper measures to prevent blockage of roads and, in fact, no order is required to be passed by this Court since sufficient mechanism has been provided under various laws and Government may take necessary action against persons taking law in their hands. 4. Mr. G.S. Bapna, learned Advocate General, submits that the Government has taken all required measures and for that purpose, passed necessary orders which have been annexed along with the reply to the writ petition. Government is further taking action so that no mis-happenings take place. He submits that the Government is ready to constitute a Committee as prayed by learned counsel for petitioner to look into grievances of the agitating community. The Government is aware of the fact that in previous agitations by the same community casualties took place and serious damage to public and private properties was made and such things cannot be allowed to be repeated. 5. We have considered submissions made by learned counsel for the parties as well as learned Senior Advocate Mr. Bajwa. 6.
The Government is aware of the fact that in previous agitations by the same community casualties took place and serious damage to public and private properties was made and such things cannot be allowed to be repeated. 5. We have considered submissions made by learned counsel for the parties as well as learned Senior Advocate Mr. Bajwa. 6. While passing order on 25.3.2010, we expected from the leaders of agitating Gujjar community to have peaceful demonstration and to ensure that public may not suffer while making agitation, but looking to the facts and circumstances of the case, we are of the opinion that the Government may constitute a Committee which may include of a retired Judge of the High Court, a bureaucrat, a social activist, member of the Bar, Parliamentarian, Legislator etc to look into all the aspects/issues relating to agitation. The Committee, so constituted by the Government, may then take up the matter with the leaders of agitating Gujjar community so as to defuse the situation. 7. At the same time, we expect from the leaders of the agitating community not to take law in their hands. Democracy does not permit destroying public or private properties and challenge to the public order. The State Government has taken certain measures to stop any mis-happening however it is reported that at some places roads have been blocked. If that is so, the Government is expected to take all legal measures to see that road are not blocked and no inconvenience is caused to the public on account of agitation. 8. As we have already expected earlier that leaders of the agitating community will also take care while making agitation/demonstration that no inconvenience is caused to the public. We are of the opinion that feelings of the Court are required to be conveyed again. Mr. V.S. Gurjar, Advocate is present in Court. He is contesting the matter in regard to reservation to Gujjar and other castes on behalf of Gujjar community. We hope that feelings of this Court would be conveyed by Mr. V.S. Gurjar, Advocate to leaders of agitating Gujjar community so that agitation may remain peaceful and no inconvenience is caused to the public at large and public order is maintained. 9.
We hope that feelings of this Court would be conveyed by Mr. V.S. Gurjar, Advocate to leaders of agitating Gujjar community so that agitation may remain peaceful and no inconvenience is caused to the public at large and public order is maintained. 9. The Government is further directed to take all necessary measures which are required for prevention of violence and to maintain public order so that public is not put to inconvenience. 10. The writ petition may now be listed on 3.5.2010.Order Accordingly. *******