Top
Top Stories

"We Are Extremely Disappointed At The Way Govt. Handling The Farmers Protests And Farm Laws",Chief Justice Bobde

LIVELAW NEWS NETWORK
11 Jan 2021 7:19 AM GMT
We Are Extremely Disappointed At The Way Govt. Handling The Farmers Protests And Farm Laws,Chief Justice Bobde
x

The Supreme Court on Monday proposed the Government to consider to put on hold the implementation of the three farm laws, to make sure that the dispute between the protestors and the Government is amicably settled.The Chief Justice SA Bobde said that if the Centre was not doing it, then the Court will go ahead and stay the implementation of the laws."You tell us if you will put on hold...

Your free access to Live Law has expired
To read the article, get a premium account.
    Your Subscription Supports Independent Journalism
Subscription starts from
599+GST
(For 6 Months)
Premium account gives you:
  • Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.
  • Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.
Already a subscriber?

The Supreme Court on Monday proposed the Government to consider to put on hold the implementation of the three farm laws, to make sure that the dispute between the protestors and the Government is amicably settled.

The Chief Justice SA Bobde said that if the Centre was not doing it, then the Court will go ahead and stay the implementation of the laws.

"You tell us if you will put on hold the implementation of the laws. Otherwise we will do it. What is the problem in keeping it in abeyance?", the CJI asked the Attorney General.

He expressed that he was extremely disappointed at the way government is handling the matter.

The Bench also observed that current negotiations between the two are not reaping any results and the matter needs to be resolved by a Committee.

"We understand from reports that the talks are breaking down because govt wants clause by clause discussion and farmers want to repeal the whole laws. So, we will stay the implementation till the committee makes discussion," the CJI said.


He has proposed to appoint a Committee that shall hear both the parties and make apposite recommendations. The suggestion was endorsed by Senior Advocate Vivek Tankha and Dushyant Dave, appearing for farmers' groups.

The development comes in a batch of petitions seeking removal of protesting farmers from Delhi borders. The Court also heard another set of petitions challenging the 3 farm laws.

On the last hearing day, December 17, the CJI-led bench had suggested that Centre should put on hold the implementation of three laws to facilitate talks. The bench also observed it was thinking of setting up a neutral committee to hold talks.

"Parties have placed the court in a delicate situation. We are reading reports about parties saying courts will decide.

Our intention is clear. We want an amicable solution for the problem. That is why we asked you last time, why don't you keep the laws on hold. But you are keeping asking on time.

If you have some sense of responsibility, and if you say you will withhold the implementation of laws, we will form committee to decide. We don't see why there should be an insistence that the laws must be implemented at any cost," the CJI said.

The Solicitor General opposed the stay order, saying that many farmers organizations have come forward to state that the laws are progressive and they have no difficulty.

"Suppose if the vast majority says that why did you put on hold the laws which are beneficial to us just because some group protested?," the SG submitted.

However, the CJI insisted that the Committee shall settle the matter. He also stated that not a single petition has been filed in the Court in support of the Farm Laws.

"We don't know what consultative process you followed before the laws. Many states are up in rebellion," the CJI said.

He told the SG that if the Government is not willing to put on hold the implementation of the laws, the Court will do it.

"What is the problem in keeping it in abeyance? We asked you this last occasion. But you haven't replied. And the matter is getting worse. People are committing suicide. People are suffering in the cold," the CJI remarked.



The bench comprising CJI SA Bobde, Justices V Ramasubramanian and AS Bopanna was hearing a batch of petitions seeking removal of protesting farmers from Delhi borders. Another set of petitions challenging the 3 farm laws were also listed before the bench headed by the CJI.

On December 17, the bench had observed that farmers have the right to continue their protests in a peaceful manner.

"We 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.We clarify that this Court will not interfere with the protest in question. Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order. There can certainly be no impediment in the exercise of such rights as long as it is non-violent and does not result in damage to the life and properties of other citizens and is in accordance with law", the court observed in the order.

The CJI also observed that the bench was thinking of setting up an independent tribunal to facilitate talks between the farmers and the Centre. Further, it asked the Attorney General for India if the Centre can put on hold the implementation of these laws for negotiations.

The Petitioners had sought immediate removal of protesting farmers from border areas of Delhi-NCR on the ground that they increase the risk of COVID-19 spread in Delhi. The petitioners also referred to the recent judgment of the Supreme Court in the Shaheen Bagh case to argue that the protests blocking public roads are illegal.

Thousands of protesters, mostly from Punjab, have been camping in the border areas of Delhi-NCR since November 26 raising a demand that the Central Government repeal the recently passed farmers laws.

The Court completed today's hearing hinting that it will pass an order staying the implementation of the laws. Complete updates from the gripping hearing session may be read here.

Next Story
Share it