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New Delhi: The Supreme Court on Monday said it will examine whether those opposing agricultural laws have the right to do so even after challenging the controversial laws in the apex court.
A bench headed by Justice AM Khanwilkar said that the right to protest was not absolute and since the court had stayed three laws in January, it wondered how valid the ongoing protests were. The next hearing of the case will be on October 21.
The bench also expressed concern over Sunday’s violence in Uttar Pradesh’s Lakhimpur Kheri, in which eight people died, verbally observing that when “such incidents happen, no one takes responsibility”. .
The bench was hearing a petition filed by farmers’ body Kisan Mahapanchayat, seeking permission to hold satyagraha at Delhi’s Jantar Mantar. In its petition, the body had promised to strictly follow the COVID protocol.
In response to an earlier order of the court, the Kisan Mahapanchayat had filed an undertaking stating that it was neither part of the protest at the borders of Delhi nor did it cause any permanent or temporary blockage of traffic .
However, the bench observed that once someone approaches the court challenging the validity of the law, there is no question of protest.
“Once you have come to the court, you have exercised your option,” the bench reminded the counsel for the Kisan Mahapanchayat.
‘Once the matter is in court, no one should be on the road’: SG Mehta
Attorney General KK Venugopal was also sought his assistance in the matter and he agreed with the view of the bench.
Venugopal said when a large number of petitions have already been filed before the apex court, there should be no protest.
He also referred to the Lakhimpur Kheri incident and termed it as “unfortunate”, adding that the government was very clear on the subject as well and would not withdraw the law.
“So the only option for them is to pursue their challenge to the three laws,” said AG.
Solicitor General Tushar Mehta, appearing for the central government, also made similar arguments.
“Once the matter is in the Supreme Constitutional Court, no one should be on the streets. They should trust this institution,” he said.
After this, the court ordered to transfer the petition filed before the Rajasthan High Court on behalf of the Mahapanchayat to itself.
“Since you have already taken this issue to court, let us transfer the matter here and decide on it once,” the bench said.
It said the court would look into “principle” whether a protest should be allowed if there is a legal challenge to an executive action.
“How can a party that is already before a court say, yet, I will still protest?” The court remarked.
Read also: FIR lodged against Minister of State Ajay Mishra’s son and others in Lakhimpur violence case
Notice issued to 43 farmer leaders
Meanwhile, in a related petition, a bench headed by Justice Sanjay Kishan Kaul issued notices to 43 protest leaders on a plea opposing the blocking of roads due to protests at the borders of Delhi.
The notice has been issued on an application filed by the Haryana government. The court is already considering a petition filed by a Noida resident seeking a direction to remove the protesting farmers.
In his brief presentation on behalf of the Haryana government at this hearing, SG Mehta said that the state had constituted a committee to hold talks with the leaders representing the protesting farmers, but he refused to come for a meeting. was refused.
(Edited by Rachel John)
Read also: NSS survey on farmers is the mid-term report card of Modi’s promise, with ‘fail’ written on it
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