Intend to Form Committee of Govt, Farmers’ Representatives: SC

“This will soon become a national issue and with the government, it won’t work out, it seems,” the bench said.

The Supreme Court on Wednesday, 16 December, issued a notice to the Centre over a bunch of petitions seeking the removal of protesting farmers from the Delhi border.

(Photo: PTI)

The Supreme Court on Wednesday, 16 December, issued a notice to the Centre over a bunch of petitions seeking the removal of protesting farmers from the Delhi border, and told Solicitor General Tushar Mehta that it intended to set up a committee comprising representatives of farmers unions across India, the government and other stakeholders to resolve this issue.

A Bench of Chief Justice SA Bobde and Justices AS Bopanna and V Ramasubramanian also granted permission to implead farmer organisations. The matter will be heard in the Supreme Court on Thursday, 17 December.

“...This will soon become a national issue and with the government, it won't work out it seems,” the bench told Mehta, reported news agency ANI.

The Supreme Court has allowed the impleadment of eight farmers unions in petitions seeking removal of protesting farmers at Delhi borders — Bharatiya Kisan Union (BKU – Rakesh Tikait), BKU-Sidhupur (Jagjeet S. Dallewal), BKU-Rajewal (Balbir Singh Rajewal), BKU-Lakhowal (Harinder Singh Lakhowal), Jamhoori Kisan Sabha (Kulwant Singh Sandhu), BKU-Dakaunda (Buta Singh Burjgill), BKU – Doaba (Manjit Singh Rai) & Kul Hind Kisan Federation (Prem Singh Bhangu).

Negotiations by Govt Not Working: SC Bench

Solicitor General Tushar Mehta told the court that the government will not do anything against the interest of farmers. He urged that a direction be made to the farmers organizations to sit with the government clause by clause, so that there can be a discussion or debate with an open mind, LiveLaw reported.

CJI Bobde and the other two judges also observed that the talks between the central government and farmers representatives were not yielding the desired results, reported Bar and Bench.

The CJI, therefore, asked the SG to come up with the name of such an organisation that is willing to negotiate. He also said to make sure that the authorities are willing to negotiate.

“It will have members of Bharatiya Kisan Union, Government of India and other farmer organisations. We will ask farmer organisations to be also a part of the committee, as it will soon become a national issue.”

Bar and Bench quoted CJI Bobde as saying

The apex court also issued notice to central, Haryana, Uttar Pradesh, Delhi and Punjab governments in the petition, and gave liberty to the petitioners to implead the organisations and unions representing the protesting farmers, reported Bar and Bench.

Petitioners Compare Protest to Shaheen Bagh

According to a LiveLaw report, the petitioners have sought immediate removal of protesting farmers from border areas of Delhi-NCR on the ground, stating that they increase the risk of COVID-19 spread in Delhi.

Advocate Dushyant Tiwari, appearing for the petitioners, submitted that the verdict in Shaheen Bagh case already states that public places cannot be occupied indefinitely.

Advocate Om Prakash Parihar also tried to compare the incumbent farmers’ protests with the Shaheen Bagh case. This prompted the CJI to remark, “How many people had blocked the road there? Will the number of people not determine this? Who will take responsibility?”

Advocate Reepak Kansal, for the petitioners, submitted that there should be a balance. "There is no free movement. Ambulances cannot go. This a violation of Article 19(1)(a),(b) and (c)," he submitted.

The CJI then remarked that the petitions seem ill-conceived and there are no legal issues before the court. He said the only party before us who has blocked the road is you (government).”

The solicitor-general, however, clarified that the authorities have not blocked the roads. He submitted that the Delhi Police had been deployed as the farmers are protesting.

(With inputs from Bar and Bench and LiveLaw)