Farmers Movement Archive

Who will be responsible for loss of lives at protest venue, asks SC

NEW DELHI: The Supreme Court on Monday said it did not mind farmers continuing peaceful protests even after it stays implementation of the farm laws but wanted to know from the union leaders who would be responsible for loss of lives at the protest venue and who would give guarantee that it would not turn violent. "The most serious questions facing us as the constitutional court, being the custodian of right to life, is the possible loss of lives at the protest venue. We do not mind the protests going on but who is going to take responsibility for loss of lives. If they can, then let them go on with it," a bench of Chief Justice S A Bobde and Justices A S Bopanna and V Ramasubramanian said. Appearing for the farmers' unions, senior advocate Dushaynt Dave said, "nobody can (take responsibility)". The bench said, "God forbid, if anything goes wrong. We do not want anyone’s blood on our hands. Responsibility is heavy on all of us. There is no bloodshed till now. But it can happen due to even a stray incident. We know how quickly things can go wrong." Indicating that it would stay implementation of the laws and set up a committee to hear farmers' grievances against the laws, the bench said, "We will make the atmosphere conducive for negotiations. Who will be responsible for bloodshed, if it happens? We as the highest constitutional court are bound to protect people's lives. Who will take responsibility for sabre rattling leading to some violence?" Attorney general K K Venugopal cited the incident of violence by farmers in Haryana where they damaged the venue where the chief minister was to meet farmers. "The protests should be peaceful and in accordance with law. Now, they are going to hold a 2,000-strong tractor rally on Rajpath on Republic Day," he said. Dave immediately said "we are not going to do that". The bench said it was glad to hear that. But when Venugopal said Dave's statement should be recorded, the counsel backed out and said he would take instruction from the unions and get back to the court. Dave said the farmers' unions wanted to make Ramlila Maidan, the historic venue where Atal Bihari Vajpayee, Jaiprakash Narain and other leaders have addressed mass gatherings and held rallies, the protest venue and sought the court's direction to the government to allow them to gather there. But the SC said law and order fell within the domain of the police, which alone should decide the venue of the protest. CJI Bobde said, "Everyone is welcome to come to Delhi for Republic Day. But people in Delhi fear that it (tractor rally) may create a law and order situation. Decision to handle the protests and law and order is for the police and not the SC." The CJI further said, "Women, children and senior citizens among the protesting farmers need not be associated with the agitation (after implementation of the laws are kept in abeyance and a committee formed to hear their grievances)." Finding that none of the four counsel for farmers' unions — Dave, H S Phoolka, Colin Gonsalves and Prashant Bhushan — was ready to make any statement on this issue, the CJI said, "I want to take a risk. You (the four counsel) tell them that the CJI wants them to go back to their homes." When a large number of farmers’ unions, including Bharatiya Kisan Union which claims to be the largest among the farmers' bodies, sought implementation of the farm laws and called them beneficial for tillers, the bench said, "But you are not in a position to persuade farmers from Punjab to end their agitation." Senior advocate Harish Salve said, "There are reports about Vancouver-based Sikhs For Justice offering Rs 10,000 to each participant in the farmers' protest. Someone should weed out these elements from the protest." Phoolka countered by saying that many people who were not farmers were roaming at the protest venue, may be at the government's behest. “Old people are there on their own volition as their livelihood is at stake. They are not going to go back," he said.

The Times of India

2021-01-12

India