- City cannot be held hostage in the name of demonstration: Harish Salve
- The interests of farmers should be protected: Delhi government
- Will the Indian government stop the implementation of the law till the hearing: Supreme Court
- Take instructions on not to take executive action: Attorney General
The Supreme Court has said that the farmers have the right to perform but the demonstration should be non-binding. The Supreme Court has said that it is considering to create an independent and impartial committee, which will have experts, as well as representatives of the government and farmers, who will try to find a way through negotiations. The court said that experts like P. Sainath can be placed in the committee. The Supreme Court said that the purpose of the demonstration can be fulfilled only when representatives of farmers and government representatives take the path out of the dialogue. We want to provide comfort by creating a committee for this.
Live picture of marathon hearing in Supreme Court …
Solicitor General Tushar Mehta: There remains a doubt whether the validity of the law is going to be debated.
Chief Justice SA Bobade: We are not yet hearing the validity of the agricultural law. We are only talking about the right to perform and the right of people to come.
Harish Salve, counsel for the petitioner: The authority of whoever is in Delhi is being directly and indirectly affected. There is a ban on the arrival of goods and prices are going up. Vegetables, fruits etc. come from the border for the two crore population of Delhi, which has been blocked. Everyone has got the fundamental right to perform, but the rights of others should not be affected and it needs to be balanced. The prices which are rising cannot be compensated.
chief Justice: We want to make it clear that we recognize the right to protest against the law. But this performance should not affect the life and rights of another. We cannot abrogate the right to perform. Demonstrations may continue but violence should not occur. The police must ensure that they do not use force on non-violent protest.
Salve: None of the rights are absolute, from right to performance to right to movement. Demonstration rights but the city cannot be held hostage. Whatever organizations are gathering crowd, it is their responsibility to take responsibility in case of violence and it should be made the body for them. People of Delhi live in Gargaon, they cannot interfere in their right to come. Will the property of the tax payer be burnt.
chief Justice: Farmers have the right to protest. We are talking here on how to perform. We will ask the farmers union to choose the option of demonstration so that the rights of others are not affected.
Salve: The protocol of the government should be that the representatives of those who perform are identified and in case of damage, they should be held responsible.
chief Justice: But those who come for demonstration cannot be deposited in advance. Police should also avoid using force. The purpose of the demonstration should also be that the conversation leads the way. We want to provide the same for that. That is why we are proposing to make an independent and impartial committee, where both the parties should put their case. Listen to both the parties in the committee and give your vote, which both sides should follow. We also want to listen to the farmers union in the matter.
Salve: Anarchy is chaos if the performance is just to perform.
chief Justice: We are also saying the same thing. Demonstrations should be non-violent and be at issue. Those who are complicit in the performance, put their opinion in front and the other side should answer it. And to do the same thing, we want to constitute a committee, we want people like Expert P. Sainath in the committee. During this period, the protests were irreconcilable and you (while facing the Attorney General of the Government of India) do not in any way create a situation of violence.
Attorney General KK Venugopal: But the demand of farmers is that the law be withdrawn. They should be asked to talk. In this way, the matter will not be made that either withdraw the law or it will not happen.
chief Justice: We do not think you will believe that is why we have decided to form a committee. We have already seen how successful your conversation is.
Attorney General: Blockage since 22 days. There is tremendous loss. People are unable to go to work. Corona’s risk is different. The ambulance is not coming. When these people return to their village after the demonstration, they will spread the corona there like wildfire. It cannot be that the law is withdrawn otherwise it will be frozen indefinitely. They have come with six months of preparation. In this way border can not be allowed to be blocked. In the event of a war, it happens that everything is cut off.
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chief Justice: Are all the roads leading to Delhi a block?
Solicitor General: Tikari border and Indus border.
chief Justice: That is, Delhi is not completely chalk, it seems that Salve has said something much bigger.
Salve: My Lord Main Arterial Road is closed.
Delhi government lawyer Rahul Mehta: There are 100 arterial roads, this type of argument should be given in writing. In this petition, the Delhi government should be made a defendant.
Solicitor General: It is not a political platform and it should not be unionized against Delhi. Efforts should be made to resolve the issue through mutual dialogue.
Punjab government lawyer P. Chidambaram: We object to Salve’s plea. What else can happen in a democracy? A large number of people disagree with the law and that is why there are big demonstrations. Remember what happened in America against the Vietnam War. The farmers have not blocked the border and the road, they want to come to Delhi but the police have stopped them there. It can be seen in the photograph that the police has been barricading.
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chief Justice: The court will not decide who comes or not. If the crowd becomes violent then it is the job of the police to watch. The police act on the basis of secret information.
Chidambaram: But he is not a mob, but a peasant organization. The police themselves are stopping them and accusing the farmers. This issue should be debated in Parliament.
Advocate AP Singh of Bhartiya Kisan Union (Bhanu faction): It is an agricultural country and not a multi national country. In the lockdown, everyone saw that the farmers did not allow to go hungry. Multinational company did not do this.
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chief Justice: People of Delhi should not be hungry, it is a cause of trouble. You have the right to perform, we are not interfering. You demonstrate, but the objective can be successful only when the path is negotiated. You cannot sit for a performance for years. We know the status of farmers. We are Indians. We have sympathy. We are talking on how to perform.
Salve: In this case, the court should order that the police should not let the lives of the people of the city be affected.
chief Justice: The Attorney General should tell you whether the Central Government will give assurance that it will not implement the law till the court is hearing.
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Attorney General: It is difficult.
chief Justice: Can the central government say that it will not take executive action under the law to facilitate negotiation.
Attorney General: We will bring instructions in this regard.
Solicitor General: But it will be difficult.
chief Justice: If the Attorney General is talking about taking instructions, then you should not say so. We order the defendant farmers union to serve notice and will put the case before the Vacation Bench.
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