Farmers Movement Archive

Former Delhi BJP MLA moves Supreme Court for removal of farmers from border

NEW DELHI: Former Delhi BJP MLA Nand Kishore Garg has approached the Supreme Court seeking its direction to Centre and Delhi government to take immediate action for removal of a group of farmers protesting against the farm laws at Delhi border particularly in view of the recent surge in Covid-19 cases. Garg, who claims to have left active politics and is doing social work, said that the apex court cannot be a “silent spectator to such agitational and confrontational drama” of the protesters who are blocking the entire vehicular and pedestrian movement from the road connecting the national capital to various states. “It is submitted that the Constitution of our country is above every one and no one is above the Constitution. However, the protester farmers are having no deference to the judicial institution like this Court as well as the legislatures of our country. These protesters are flouting the rules and regulations including the order and judgment passed by this Hon’ble Court from time to time holding that the public places must not be allowed to obstruct the fundamental rights of the other common citizen.” The apex court is already examining the issue and has sought response from the Centre and Delhi government. The court has repeatedly said that people are entitled to hold protests but they cannot block public roads for a long time inconveniencing the larger public. Referring to the apex court's previous orders including the verdict on Shaheen Bagh protest, Garg said the protesting farmers are acting against the order and judgment of this Court without any fear and pleaded the court to intervene. "It is submitted that the state machineries are muted spectators to the shameless violation of the law of the land. The petitioner seeks inter alia for laying down the comprehensive and exhaustive guidelines arising out of recurring protests occurring on a regular interval in our country at behest of organization/group/community which often leads to unsavory situations like the obstruction of arterial public places by holding rallies or protests," the petition said. "It is further submitted that such illegal demonstration, which is being done at the cost of hardship of the common people of the locality, and common people are hopelessly handicapped for the enjoyment of their fundamental rights guaranteed under the Constitution of India. In addition to the said obstruction, the state law enforcement machinery is being held hostage to the whims and fancies of the protesters. As such the state machinery are not discharging its duties as per the law, the common people are approaching to the law enforcement authorities for the redressal and addressal of their grievance, but the common people are not getting any kind of relief and reprieve in this case," the petition said. "It is further submitted that the spectacle of devastating politically motivated farmer protest poses a serious question on the institutional efficacy of the respondents for the purpose of protection of the fundamental rights of the common citizen in conformity to the constitutional obligations and statutory obligations," he said.

The Times of India

2021-04-25

Delhi