Fundamental right to protest: SC backs farmers

Chhavi Bhatia

New Delhi— In a major relief to farmers, the Supreme Court on Thursday acknowledged their right to protest, backing them further to continue with it so long as it does not endanger life or property. The court while hearing a series of petitions seeking removal of farmers who have been holding peaceful sit-in for 23 days now, also recommended putting on hold the implementation of laws to hold discussions with farmers, adding that the matter can be referred to the vacation bench.

The bench of Chief Justice SA Bobde said, “We recognise the farmers’ fundamental right to protest against a law. We will not interfere in it to curtail it…It should, however, not damage life or property.” The Chief Justice also said that the farmers can carry on with their stir without violence and the police cannot use violent means (to stop the protests). Pointing to the Centre, the court said you will also not instigate violence. The three-judge bench on the other hand, suggested forming an “independent and impartial” committee with stakeholders who have knowledge of agriculture, where both the parties are heard, to resolve the issue. “Protesting for years will not get you anything. Your protest has a purpose. It is important to take the cause behind your protest to a meaningful conclusion,” the bench remarked.

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Meanwhile, senior advocate Harish Salve, representing petitioners seeking removal of protesting farmers from Delhi borders, advanced an argument that the protesters have blocked Delhi, preventing essential supplies from reaching the Capital. On being asked by the CJI if all border roads have been blocked, Solicitor General Tushar Mehta clarified that only Singhu and Tikri border roads have been blocked but farmers are threatening to block all roads to Delhi. “We are sympathetic towards the plight of the farmers and their cause.  But you have to alter the way the agitation is going….bring out (the) solution,” the CJI told representatives of the Bharatiya Kisan Union.

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