New Delhi, Dec 17: Farmers agitation should be allowed to continue “without impediment” and this court will not “interfere” with it as the right to protest is a fundamental right, the Supreme Court Thursday said on the ongoing stir of agriculturists on Delhi borders.
The apex court, which put a sole caveat that there should not be any breach of peace either by farmers or police, also mooted an idea of putting on hold the implementation of the laws to enable negotiations with the agitating farmers which was opposed by the Centre saying agriculturists would then not come forward for the talks.
The top court was told by Attorney General K K Venugopal that he would get back after taking instructions on the suggestions.
While acknowledging the right to non-violent protest of farmers, the apex court was also of the view that the farmers’ right to protest should not infringe the fundamental rights of others to move freely and in getting essential food and other supplies as right to protest cannot mean blockade of the entire city.
A bench headed by Chief Justice S A Bobde, which said it was worried with the way things are going on, was told by both the Centre and one of the farmers union that the negotiations are not happening at the moment.
The bench said in its bid to resolve the impasse over the three contentitious agri laws, it wanted to set up of an “impartial and independent” panel of agriculture experts and farmer unions. However, it held it back as farmers unions, impleaded as parties by it on Wednesday, could not appear to give their views.
“In order to bring about an effective solution to the present stalemate between the protesters and the Government of India, we consider it appropriate in the interests of justice to constitute a Committee consisting of independent and impartial persons including experts in the field of Agriculture for the purpose. “This may not be possible without hearing all the necessary parties. Till the parties come before us, it would be advisable to obtain suggestions about the constitution of the said Committee from all the parties which may be submitted by them on the date of next hearing in the matter,” said the bench which also comprised justices A S Bopanna and V Ramasubramanian.
Senior lawyer Harish Salve, appearing for one of the parties, raised the issue of two million people of Delhi NCR facing serious difficulties due to the ongoing stir.
Taking note of the submission, the bench said in its order “We clarify that this court will not interfere with the protest in question. Indeed the right to protest is part of a fundamental right and can as a matter of fact, be exercised subject to public order. There can certainly be no impediment in the exercise of such rights as long as it is non-violent and does not result in damage to the life and properties of other citizens and is in accordance with law. “We are of the view at this stage that the farmers’ protest should be allowed to continue without impediment and without any breach of peace either by the protesters or the police.”
On being told that the negotiations are not happening at the moment, it said farmers cannot keep on protesting without talking to the government.
“You continue the protest. You have the right. But you have a purpose also and that purpose is served only if you talk, discuss and reach a conclusion,” it said. (PTI)
