Farmers agitation: Top court to examine if protest permitted when matter is sub-judice

The Supreme Court on Monday said it would examine if organisations or individuals who have moved Constitutional court challenging the validity of a legislation are permitted to hold protest on the same issue when the matter is sub-judice.

While hearing a plea filed by a farmers’ body which is protesting against the three new farm laws and is seeking directions to authorities to allow it to stage satyagrah’ at Jantar Mantar here, the apex court asked what are they protesting for

The apex court on Monday sought responses from over 40 farmers’ bodies and farm leaders, including Rakesh Tikait Darshan Pal and Gurnam Singh, on the Haryana government’s plea alleging that they have not been participating in talks with the state panel to defuse the issue of road blockade at Delhi borders. Issue notice, Dasti as well, a bench comprising justices SK Kaul and MM Sundresh said while taking note of the plea. The bench has now posted the matter just after the Dussehra break beginning next week.

when it has already stayed these legislations. A bench of Justices AM Khanwilkar and CT Ravikumar also asked the organisation, which has already challenged the validity of the three laws before the Rajasthan High Court, why they want to hold protest when these legislations are not in force at all .

You want to go for protest. Protest on what? There is no Act in place at the moment. It is stayed by this court. The government has assured that they will not give effect to it, then protest for what, the court observed.

The bench asked Attorney General KK Venugopal that once a party has approached the court challenging the validity of the Act, then where is the question of going for protest. When the top law officer contended that the protest should stop, the bench said nobody takes the responsibility when there is damage to property and physical damage is caused.