During the 18-month tenure of former Advocate General (AG) Gurminder Singh, the Punjab government encountered a series of legal challenges. From election disputes to the complexities of farmers' protests, Singh played a crucial role in defending the state's legal stance. Below is a detailed overview of the key legal issues handled during his tenure.
Election Disputes and Legal Battles
One of the most contentious issues was the Panchayat elections, where over 1,200 pleas were filed in the Punjab and Haryana High Court. The allegations revolved around the arbitrary rejection of nomination papers. Representing the Punjab government, Gurminder Singh argued for the fairness of the process. Initially, the High Court granted an interim stay, but Singh successfully defended the case, leading to the vacation of the stay. The matter also reached the Supreme Court, which refused to halt the democratic process.
Additionally, accusations surfaced against the Punjab government for allegedly misusing administrative power in municipal elections. The pleas claimed that authorities facilitated ruling party supporters while suppressing opposition candidates by destroying nomination papers. The High Court, however, refused to stay the election after Singh assured that the state had already deferred elections in specific wards where irregularities were reported.
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A landmark Supreme Court judgment permitted the sub-classification of Scheduled Castes (SCs) to ensure that the most disadvantaged groups within SCs received appropriate quotas.
"Reservation is no benevolence. It is not an act of charity by the privileged but a compensation for centuries of oppression." – Gurminder Singh
During his arguments, Singh highlighted how caste-based occupations continue to be inherited, emphasizing that reservation is a constitutional tool aimed at achieving social equality under Article 14. The Supreme Court, agreeing with these arguments, ruled that states could further classify SCs for better allocation of quotas.
Farmers’ Protest and Legal Proceedings
The Punjab government also faced challenges due to the farmers' protest against central agricultural laws. Just before resigning, Singh informed the Supreme Court that protest sites at Shambhu and Khanauri borders had been cleared for free movement of traffic. He also updated the court about the withdrawal of the hunger strike by Jagjit Singh Dallewal, a key protest leader. The Supreme Court declined to entertain a contempt petition against Punjab authorities for removing the protesters, acknowledging that the government was complying with the court’s directives.
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Security Concerns: CM House Road Opening Case
The Supreme Court stayed a Punjab and Haryana High Court order that directed the opening of a road leading to the Chief Minister’s residence, which had been closed since the 1980s due to security concerns related to Khalistani terrorism.
"Nobody wants anything untoward to happen." – Supreme Court bench of Justices Sanjiv Khanna and Dipankar Datta
Gurminder Singh argued that security threats persist in Punjab, citing incidents like the killing of singer Sidhu Moosewala and an RPG attack on the intelligence headquarters. The Supreme Court agreed to stay the High Court’s order, prioritizing security concerns.
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Stubble Burning and Pollution Crisis
Stubble burning in Punjab was a significant legal issue due to its contribution to pollution in Delhi-NCR. During a Supreme Court hearing on pollution control measures, Singh proposed two major incentives for farmers:
- Minimum Support Price (MSP) guarantee for alternative crops
- Minimum Assured Procurement similar to paddy
He argued that unless these incentives were provided, crop diversification would not succeed. The Supreme Court acknowledged that multiple factors beyond stubble burning were responsible for Delhi’s persistent pollution crisis.
"We are committed to eradicating stubble burning, but Delhi’s AQI remained stagnant even after the fire incidents stopped." – Gurminder Singh
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The Supreme Court ruled against the Punjab Governor’s decision to withhold assent to bills by questioning the validity of the legislative session.
"Casting doubt on the legislative session’s validity is not a constitutional option available to the Governor." – Supreme Court judgment
The ruling reinforced that the Speaker holds the authority to regulate assembly proceedings and that questioning the legislative session’s legitimacy could set a dangerous precedent for democracy.
The sacrilege case involving Dera Sacha Sauda chief Gurmeet Ram Rahim remained a sensitive issue. The Punjab government, represented by Singh, successfully challenged a Punjab and Haryana High Court order that had stayed the trial proceedings. The Supreme Court overruled the stay, allowing the case to proceed.
The Punjab and Haryana High Court had earlier made critical remarks about Punjab Police’s security lapses. However, after representations by Singh, the court expunged these remarks, clarifying that the directives for a neutral security force were issued solely based on perceived security threats and not as an indictment of Punjab Police’s integrity.
Gurminder Singh successfully persuaded the Ravi Beas River Water Tribunal to reopen the 1987 report, which had previously delivered unfavorable findings against Punjab. This marked a historic victory, as no previous Advocate General had managed to achieve a re-examination of the case in 40 years.
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To address the issue of overcrowding of police officials in court proceedings, Singh’s office introduced the Advocate General's Case Management System (AGCMS). This system digitized case records, reducing the physical presence of police officials required for hearings. Over 3 lakh cases, primarily criminal matters, were integrated into this system.
Challenges Ahead for Punjab Government
While many legal battles were addressed, Punjab continues to face significant challenges, including:
Police Accountability: The High Court recently criticized the government’s failure to arrest police personnel involved in an alleged assault on an Army officer.
Jail Security: The state faced reprimands for not improving security measures in prisons despite previous commitments.
Drug Menace: The High Court flagged concerns over the effectiveness of Punjab’s anti-drug drive, pointing out an unexpected surge in heroin-related bail pleas.
"The drug crisis is eating away at the future of this country like a termite." – Punjab and Haryana High Court
