Farmers Movement Archive

Police, not court, to decide on nod for tractor rally: Supreme Court

NEW DELHI: The Supreme Court on Monday lobbed the ball into the court of Delhi police when the Centre sought a direction to restrain a proposed Republic Day ‘tractor rally’ in the Capital by farmers who are protesting against the three new farm laws at Delhi’s Singhu border for the last 50 days. The court told the Centre that the issue of maintaining law and order was exclusively the domain of Delhi Police and that the constitutional court could not be the authority to deal with situations that could arise from the tractor march. “The question of entry into Delhi is a law and order issue which will be dealt with by the police,” a bench of Chief Justice S A Bobde and Justices L Nageswara Rao and Vineet Saran said. The Centre’s keenness to get a judicial order to prevent farmers from attempting to enter Delhi with a tractor march on January 26 was palpable as it was anxious to minimise possible political fallout in case the police were required to use force. Attorney General K K Venugopal said the Centre and the Delhi Police thought it fit to apprise the SC of the ground situation as the court has taken charge of the farmers’ agitation. However, the bench clarified that it was a mistake to think in these terms when it had intervened on a very limited issue, that is adjudication on the legality of the farm laws. The bench said, “We are in session of one issue (legality of the three farm laws). And the court’s intervention is wholly misunderstood.” It decided to take up the main issue on Wednesday, when it probably needs to find a substitute for B S Mann, who recused himself from the four-member committee set up by the SC to hear grievances of protesting farmers and all stakeholders. Venugopal said it would be wholly illegal on the part of thousands of farmers to enter Delhi on Republic Day with tractors, which could create chaos and law and order problems. Solicitor General Tushar Mehta said the court must ensure the dignity attached to constitutional functions like Republic Day. Delhi Police have filed an application seeking to restrain farmers from entering Delhi with tractors. The CJI-led bench said, “We as a constitutional court are not the first authority to grant or refuse permission for tractor rally entering Delhi. Who should be allowed to enter Delhi, how many people and under what conditions is for the police to decide." When the AG and the SG pressed for an order on Delhi Police’s application, the bench asked, “Does the Centre need the Supreme Court to tell that all these issues are within the police power to decide?" On January 12, the SC had suspended implementation of the three contentious farm laws and set up a four-member committee to examine the laws to determine which provisions were in farmers’ welfare and give a report to the court in two months. The CJI-led bench had said, “We are suspending implementation of the three farm laws — Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, and the Essential Commodities (Amendment) Act.” It also ordered, "The Minimum Support Price (MSP) system in existence before the enactment of the farm laws shall be maintained until further orders. In addition, the farmers’ land holdings shall be protected, no farmer shall be dispossessed or deprived of his title as a result of any action taken under the farm laws."

The Times of India

2021-01-19

India