New Delhi: The Supreme Court Wednesday allowed the Delhi Police to withdraw its application for an injunction against the tractor rally being planned by the farmers’ groups on 26 January.
The bench comprising Chief Justice of India S.A. Bobde and Justices A.S. Bopanna and V. Ramasubramanian refused to keep the application pending, asserting, “This is not a matter for the court to decide. You have the powers under the law.”
During the hearing, Attorney General K.K. Venugopal informed the court that 5,000 tractors were going to enter Delhi for the rally. Solicitor General Tushar Mehta also demanded that the case be considered on 25 January, after seeing “how the situation develops”.
However, CJI Bobde shot back reiterating that this is for the police to decide and that it did not want to pass any orders.
‘Want a resolution of the dispute’
During the hearing, the court also considered an application filed by a Kisan Mahapanchayat fom Rajasthan seeking reconstitution of the committee set up by the SC to resolve the protracted dispute between the farmers and the Centre.
Senior Advocate Dushyant Dave and Advocate Prashant Bhushan, appearing for eight farmers’ unions, told the court that their clients have taken the stand that they won’t appear before any committee.
CJI Bobde expressed his disapproval with reports casting aspersions on the members of the committee, and clarified that the committee does not have any power to adjudicate on the issue.
“The Committee only has to listen to protesters and give us a report. Where is the question of bias in that?” CJI Bobde asked.
“If you don’t want to appear before the committee, we cannot compel you. But you cannot malign people like this and cast aspersions on them and also the court. If you don’t want to appear, don’t appear. Why do you need to brand people like this?” he added.
The court, however, issued notice on Kisan Mahapanchayat’s application.
The CJI then went on to ask Bhushan to talk to his clients, saying, “We are calling upon you to counsel your clients in such a way to bring peace. We want a resolution of the dispute.”
To this, Bhushan told the court that his clients were convinced that the laws needed to be repealed. He also told the court that the farmers only wish to celebrate Republic Day on outer ring road and do not want to disrupt peace.
CJI Bobde then said, “See that your clients assured the citizens of Delhi complete peace. As a court, we are only expressing our anxiety.”
The CJI also urged Attorney General Venugopal to deliberate the issue of peace with Bhushan and his clients.
Also read: ‘We can lead a revolution’ — women take centre stage at farmer protests at Singhu border
What Delhi Police had told SC
The Delhi Police had moved the Supreme Court earlier this month, seeking an injunction against the tractor rally.
In its application, the Delhi Police told the court that the rally could cause law and order problems, submitting, “Right to protest is always subject to the countervailing public order and the public interest. The right to protest can never include maligning the nation globally.”
It had asserted that as per security agencies, “a small group of protesting individuals/organisations have planned to carry out a tractor/trolley/vehicle march on Republic Day” and that the march is “slated to disturb and disrupt” the parade.
However, when the case came up on 18 January, the court had asserted that this is for the Delhi Police to decide. It had asserted that this is a law and order matter, and hence, the Delhi Police is the first authority to decide who should be allowed to enter the national capital.
The Delhi Police sources had, in turn, told ThePrint that it will allow the tractor rally only on a “curated route”, with a limited number of tractors and participants, and under “police supervision”. In case the farmers do not agree with the plan and try to cross the police blockade at the borders, the police will “push back with full force”.
“The rally will be allowed only if there is a mutual consensus on the route, number of tractors and people on it. In order to maintain law and order, the number of tractors entering the border will be limited and its details including vehicle number, RC details, names of drivers, and co-passengers will be submitted to the police well in advance,” a police source was quoted as saying.
Also read: 65,000 Delhi Police personnel will be on duty on Republic Day amid tractor rally ‘scare’
So SC has no issues cross the line of it’s jurisdiction by blocked a democratically passed bill however is this case, its sticking to its jurisdiction. Like Mr Gupta said in one of his articles, SC ‘s selective activism is not health for democracy of our country.
Our democracy is under threat!