BACKGROUND
As there was no presence for the farmers unions who were added as respondents in the case, the Supreme Court on 17th December hold back from passing any substantive directions in the PILs seeking removal of farmers’ protest.
The bench was headed by CJI S.A Bobde himself, which retold its suggestion to constitute a committee to facilitate talks between the protesting farmers and the Central Government to resolve the clashes over the recently agreed farm laws.
To facilitate discussions CJI Bobde also requested Centre to put a hold on implementation of Farm Laws.
On which the Attorney General for India, K K Venugopal replied that he will get back after taking instructions from the Central Government.
CJI’s VIEW
Bench headed by CJI addressed that the Court will not interfere with the protest. Indeed, the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order.
Bench cleared that they are of the view at this stage that the farmers' protest should be allowed to continue without impediment and without any breach of peace either by the protesters or the police.
CJI remarked that the question of validity of laws can wait but the matter of concern today is regarding the farmers protest and the fundamental right of citizens to move.
He concluded that farmers have a right to vote and protests can continue in a non-violent manner. He (Attorney General) cannot instigate violence too. But other fundamental rights and right to life of others must not be affected.
SALVE’s SUBMISSION
Advocate Harish Salve appearing for States of UP and Haryana, advanced an argument that the protests have put the city of
Delhi under a barrier, denying its inhabitants to enjoy their rights to buy even basic commodities.
For which CJI confirmed that if all border roads to Delhi have been blocked or not, on which SG addressed the bench that only Tikri and Singhu have been blocked due to protests.
Salve addressed that the cause of the protest cannot be protest. The cause of protest is to clear a view. Protests for the sake of protests are a public nuisance.
Although, Advocate Mehra representing Delhi told the numbers represented by Salve unseemly and correspondingly P Chidambaram representing Punjab compared farmer protest with US-Vietnam protests to support the massive crowd gathered at Tikri and Singhu border.
DO YOU THINK REQUEST MADE BY CJI WILL HELP PROTESTING FARMERS?
MENTION YOUR VIEWS IN THE COMMENTS BELOW!
Join LAWyersClubIndia's network for daily News Updates, Judgment Summaries, Articles, Forum Threads, Online Law Courses, and MUCH MORE!!"
