Umamageswari Maruthappan
The Supreme Court of India turned down the plea moved by the Central Government to restrain farmers’ tractor rally and accentuated the role of the Executive and the Police in this case.
“We see it as irregular and improper to allow or disallow any rally or procession. The norm is it is police matter. The police decides it. We are not going to pass the order,” said the Supreme Court thereby refraining itself from passing any order in this matter.
Attorney General K. K. Venugopal expressed his apprehensions over the apparent presence of 5000 tractors during the rally. However, the CJI-led bench claimed it “inappropriate” for the Court to interfere and pass directions in this matter.
The Three-judge Bench comprising CJI S A Bobde and Justices A.S. Bopanna and V. Ramasubramanian also affirmed its trust on Adv. Prashant Bhushan’s assurance that states “they are going to celebrate Republic day and won’t breach peace with their tractor rally.”
Following its observation, the Apex Court allowed the Central Government to withdraw its plea which was filed through the Delhi Police seeking directions to prevent the tractor rally.
The Farmers’ Union, as a demonstration of their grievance against the controversial farm laws, decided to carry out a tractor rally on 26th January 2021 asserting that the intended rally will, in no way, disrupt the Republic Day Celebrations.
The Central Government apprehensive over the impending rally, decided to approach the Apex Court and made an application before it through the Solicitor General, Tushar Mehta seeking an injunction order.
The same was referred to the Court by Senior Advocate Harish Salve on 12th January 2021, the day when the Apex Court stayed the enforcement of the three farm laws. It further directed to the Centre to appoint a Panel.
However, on 20th January 2021, during the hearing on the injunction against rally case, the Supreme Court was presented with another matter, that is with reference to the composition of the Panel members.
There was a strong criticism against the composition of the Panel as it was alleged that all the four Committee members expressed their comments in favour of the farm laws. One of the member, Bhupinder Singh Mann, soon left the panel claiming himself to be in support of the farmers.
Following this, BS Mann filed a plea before the Supreme Court through his Bharatiya Kisan Union requesting reconstitution of the Committee.
However, the Bench disagreed with the criticisms stating that a person’s mere personal opinion cannot be a ground for disqualification. It further added that their opinions may vary and that they are “not judges”. “We have not given adjudicating powers to the committee,” the Bench said.
Meanwhile, the tenth round of talk between the Centre and the Farmers’ Union is to be held on 20th January 2021.