The Supreme Court on Tuesday began hearing the batch of petitions against the Centre’s new farm laws. The court had said yesterday that it will stay implementation of the laws, if the Centre didn’t act on it.
The Court has been hearing a batch of petitions, including some which want the farmers moved since they were blockading the capital. The bench of Chief Justice S.A. Bobde, Justices A.S. Bopanna and V. Ramasubramanian had harsh words for the government’s inability to address the farmers concerns. The Court was also disturbed at the increasing cold, the number of suicides by farmers and the ongoing Covid-19 pandemic.
The farmers unions leading the protests have welcomed the Court’s concerns but have stuck to their demands of the Centre repealing the laws. They have said they don’t want to be part of any committee set up by the Court to resolve the crisis, since they have maintained that it is within the government’s remit to withdraw the laws. Yesterday, the Court had asked Solicitor General Tushar Mehta to initiate plans to form the committee with retired Justice R.M. Lodha as its chair.
Here are today’s updates:
AG Venugopal: says that the laws were made on the basis of recommendations of an expert committee during the last govt regarding the removal of restrictions in the APMC system and to allow direct marketing. Large committees have suggested.
CJI Bobde: It will not help you to say that this was started by last government. We are discussing constitutionality. You are saying negotiations are going on. But what negotiations?
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 keep asking 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.
SG : We have many farmers organizations coming and tell us that the laws are progressive. Rest of the farmers have no difficulty.
Adv AP Singh, for intervenor, says that they have trust in the govt.
CJI : Whether you have trust in the govt is immaterial. We are the Supreme Court, we will do what we have to do.
Salve : If your lordships are staying the laws, then let the farmers call off the protests.
CJI : Mr.Salve, everything cannot be achieved with one order, farmers will go before the committee. Court will not pass an order that citizens should not protest.
Advocate ML Sharma: Farmers have said they are not going to appear before any committee. They have said that it is a silent protest. This is a master plan, because once the farmer comes into a contract with a corporate house they will have to abide by the terms of the contract and even sell their land.
CJI Bobde: We are concerned about the lives and property of the citizens of this country. We are trying to solve the issue in accordance with the power we have. We have a power to make a committee who will talk with both sides and then submit a report to the court. The committee is not going to punish you (farmers) or pass orders against you. We are not making you to put an effort.
You have to cooperate with us. You can’t say only the negative things. We want to know the ground situation that is why we are making the committee.
CJI : We are not against protests. Don’t understand that the Court is stifling protests. But we ask. If after the laws are stayed, will you move the site of protests to accommodate people’s concerns.
Sharma: I have been asked to convey the message of the farmers.
CJI Bobde: Dave has fairly said that the farmers are not going to march on Republic Day. We require somebody sensible and knowledgeable to tell us the ground situation.
On Sharma’s allegation that the PM Narendra Modi did not come to resolve the issue, CJI says that the PM is not a party to the case.
One of the writ petitioners from South India says he is welcoming the CJI’s decision to stay the law.
CJI Bobde: But we have been told that the South is supporting the law.
Petitioner counsel: Absolutely not, my lord. The entire Vijayawada (in Andhra Pradesh) is burning.
Harish Salve: Your lordship should make it clear before passing the order that this is not victory for anyone and it is only for the betterment of a section of people.
CJI Bobde: It is a victory for fair play.
Salve: Yes, my lord, it will be a victory for fair play.
Senior Counsel Vikas Singh: Farmers are not being allowed to enter Delhi and no guidelines have been framed by the government as directed by the court in Shaheen Bagh case.
Narasimha: What is visible before us is only those protesting against the act whereas there are many who are supporting the law. This may lead to a very dangerous protest. The people who are supporting the law may also organise protest but they are abiding by the law.
CJI asks Attorney general K.K. Venugopal to confirm Narasimha’s concern.
AG Venugopal: There is a huge law and order situation. There are farmers who are supporting the law. AG says unfortunate incidents happened when the Haryana Chief Minister wanted to meet the protesters. Violence happened and many journalists, including one Supreme Court correspondent got hurt, he adds.
CJI to AG : Mr. Venugopal, we don’t want to repeat the criticism. But we don’t believe that you have been effective in handling the situation.
CJI asks AG to confirm whether there is presence of banned organisation in the protest by tomorrow.
HS Phoolka : From my village in Punjab, 40 trolleys have come including old people. They refuse to go back. Haryana CM called them naxals, khalistanis etc. The old people said they have sons in Army and they were called anti-nationals!
CJI : Mr.Phoolka you persuade them to go back. At some time, we might say in the order that old people and women need not be there in the protests.
AG Venugopal: These laws came into force in June 2020 by way of an Ordinance. After that, more than 2000 farmers entered into contract for selling products in mandis. If the Court stops the implementation, they will lose heavily.
CJI : They will tell the committee.
AG Venugopal: They must tell the Committee item by item their grievances. Then the Committee will decide item by item.
AG Venugopal : The farmers must tells us what hurts them.
CJI : We trust senior advocates like Prashant Bhushan, Dave, Phoolka, Gonsalves etc will tell the farmers about the real purpose of the Committee. We are not creating an alternative forum.
Counsel appearing for Bharatiya Kisan Sangh having farmers across the country says it is supporting the formation of the committee. The counsel says that it is the largest farmers organisation.
AG Venugopal: Khalistanis have infiltrated the farmers protests.
AP Singh: No comparison between Shaheen Bagh and farmers’ protest, farmers protesting in a patriotic way.
Notice issued on Solicitor General Tushar Mehta’s application, whereby the Centre has filed an affidavit seeking an order restraining anyone from conducting any protest march either in the form of tractor/trolley/vehicle march or any other mode in the capital on the Republic Day. Matter to be heard on Monday.
Another farmers’ organisation says they are sitting on the Haryana border and are not being allowed to enter Delhi. They are about 10,000 number. They are supporting the committee and are ready to participate in the committee.
The bench names the members of four-member committee.
CJI Bobde: Will pass orders to stay implementation of law until further orders today.
The court proceedings are over. Order will be published later. As per verbal order, the implementation of the 3 laws have been stayed till further orders and a committee of agricultural economists would look into the laws and would talk to protesters and Government on this issue and apprise the Court.
Also Read: Farmers’ protest: Supreme Court to pass order today, hearing begins
First member is Bhupinder Singh Mann, President BKU and All India Coordination Committee. The others: Pramod Kumar Joshi, Director South Asia, International Food Policy, Anil Ghanwat (Shetkari Sangathan), Ashok Gulati (Agricultural economist).
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