Cops to decide on farmers’ rally
Supreme Court says decision to allow farmers’ rally on Republic Day lies with the Delhi Police
The Supreme Court on Monday refused to “strengthen the hands” of the central government in stopping a proposed tractor rally in the national capital on January 26 by farmers protesting against the contentious agricultural laws along Delhi’s borders, and questioned why the government was looking for its nod on an issue relating to law and order.
Declining to pass any order on the plea by the government, a bench headed by Chief Justice of India ( CJI) SA Bobde remarked that it was not for the court to remind the authorities of the policing power they have by passing an order in this regard.
“Does the Union of India need Supreme Court to tell
what powers it has under the Police Act? Why do you want us to tell what powers you have?” the bench asked attorney general KK Venugopal, who implored the court to issue a prohibitory order on the application of the Delhi Police so as to injunct farmers’ groups from causing any disruptions in the Republic Day celebrations by taking out tractor rally or any other processions on January 26.
Venugopal said that it was an extraordinary situation, adding “one word from this court will strengthen the hands of the government”. But the bench remained unmoved.
Protesting union leaders, however, said that farmers have a constitutional right to take out their tractor rally peacefully and asserted that thousands of people will participate in the proposed event on January 26.
Bhartiya Kisan Union (Lakhowal) Punjab general secretary Paramjit Singh said that farmers are not going to hold their rally on Rajpath and in other high-security areas, adding that they would only take out it on the Outer Ring Road in Delhi and that there will be no disruption in the official Republic Day parade. “We will take out the rally peacefully without disrupting any law and order. We will exercise our constitutional right and we will definitely enter Delhi,” Singh said.
During the hearing on Monday, the Supreme Court said it is not going to tell the government what to do regarding the proposed rally. “Does the Supreme Court will say as to what are the powers of police and how they will exercise them? We are not going to tell you what to do. All that we can tell you is that you can invoke all your powers under the law to maintain law and order in the city. This is your job,” it told the A-G.
It further observed: “We cannot come across an instance where first the court issued an order prohibiting ( protests) and then the authorities said something. It is always the other way round. We have told you earlier too that we cannot be the first authority to determine this. You have enough power under the Police Act to determine who should or should not be allowed entry, what terms and conditions are to be enforced and what should be the numbers.”
At this, Venugopal said that the government was seeking for an order on this issue since the apex court has taken the charge of the matter. The bench, however, retorted: “No, no. We have not taken charge of this matter at all. We have dealt with only one issue. The intervention of this court has been grossly misunderstood. We have not taken charge of the entire issue except one. And we will hear that issue sometime later.”
The A-G endeavoured to persuade the court but it made it clear: “We are not going to tell you what is your power. Why should we tell you what you should do?”
The bench then clarified that it would focus chiefly on the issues relating to farm laws, and adjourned the matter for a hearing on Wednesday before the same combination of judges, who had earlier stayed the implementation of the three farm laws and formed a four-member committee to discuss the legislation with both farmers and the government.
Apart from the CJI, justices AS Bopanna and V Ramasubramanian were the other judges on that bench. A different combination of judges was present on Monday.
Meanwhile, solicitor general Tushar Mehta told the court that when the matter is taken up on Wednesday, the Centre would make detailed arguments on the dignity attached to the constitutional ceremony of the Republic Day parade. “But what can be a constitutional question about a parade?” shot back the CJI.
In its application to injunct the tractor rally, the Delhi Police have stated that that such a rally could cause law and order problems and create an embarrassing situation for the country in the eyes of the entire world. “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,” stated their plea.
During the hearing, the bench had also sought to know whether the farmer unions were being represented in the case. One of the unions, Bhartiya Kisan Union (Lokshakti) [ BKU( L)], appeared through advocate AP Singh and made a request for permission to hold protest at Ramlila Maidan in the Capital. Another farmer union represented by senior advocate Dushyant Dave was also present during the hearing.
The bench asked all the lawyers to remain present on Wednesday when it may take a call on filling up vacancy, created by the recusal by one of the members of the four-member committee.
Bhupinder Singh Mann, national president, BKU and All India Kisan Coordination Committee, has refused to be part of the court-appointed committee. His recusal left the committee with just three members on the panel – agricultural economists Pramod Kumar Joshi and Ashok Gulati, and farm leader Anil Ghanwat.
On January 12, the court had set up this committee after staying the three laws — Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, Essential Commodities ( Amendment) Act, and Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act. The court had said that suspension of the legislation “may assuage the hurt feelings of the farmers and encourage them to come to the negotiating table with confidence and good faith”.