The Supreme Court on Wednesday came down with a heavy hand on Solicitor General Tushar Mehta, telling him that there needs to be a farmer present before the SC who is willing to negotiate. “You should be willing to negotiate and we should have a farmer before us who is also willing to negotiate ! Give us the name of the Union,” the court asked the SG, who then sought time to think of names other than “Bhartiya Kisan” reported Live Law. The legal news website also reported the following exchange in court:
CJI: Mr. SG, we see that the petitions are ill-conceived and there are no legal issues before us. The only party before us who has blocked the road is you. SG: I have not blocked the road. CJI: No, no, no. Who has blocked the road ? SG: The farmers are protesting and roads have been blocked by Delhi Police. CJI: So, the only party who is actually on ground is you. |
CJI: No, no, no. Who has blocked the road ?
SG: The farmers are protesting and roads have been blocked by Delhi Police.
CJI: So, the only party who is actually on ground is you. #FarmersProtests #SupremeCourt #FarmLaws2020
— Live Law (@LiveLawIndia) December 16, 2020
The Supreme Court has put on record that the massive farmers’ protests on the Delhi borders “will soon become a national issue” adding that “It seems government may not be able to work out”. The Apex court then told the SG that “tentatively a Committee will be formed with members of all farmers organisations from the rest of India.” Chief Justice of India SA Bobde addressed the SG directly and reprotedly said,”Mr. SG, we see that the petitions are ill-conceived and there are no legal issues before us. The only party before us who has blocked the road is you.”
The CJI reportedly added, “Mr. Mehta we will tell you what we are planning to do. We will form a committee to resolve the dispute. It will have members of Bharatiya Kisan Union, Government of India and other farmer organisations. We will ask farmer organisations to be also a part of the committee, as it will soon become a national issue,” reported Bar and Bench.
The Bench comprising Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian also put on record its observation that the talks between Central government and farmers representatives were not yielding the desired results, stated the new report.
The Court was hearing two petitions seeking removal of farmers protesting at the Delhi-UP-Haryana borders against the recently passed Farm Acts. The SG, appearing for the Central government, told the Supreme Court that the talks with the protesting farmers have not borne results because the approach of the protesters is “repeal or don’t repeal.” He reportedly saids “It’s either yes or no. Minister of Agriculture, Minister of Home, have discussed with them and they have turned their backs on us.” Mehta said this in response to the Bench asking him “Who are the parties who are heading the protests?”
Mehta reportedly said, “The government will not do anything against the interest of farmers. Sit with the government clause by clause, then there can be a discussion or debate with an open mind.”
However the Bench responded strongly and reportedly replied, “Your negotiation does not work apparently. You should be willing to negotiate and we should have a farmer before us who is also willing to negotiate ! Give us the name of the Union,” tweeted Live Law.
The Bench also remarked that the petitions even though “ill-conceived” raised the issue of freedom of movement, adding that it was the Central government which has blocked the roads to prevent farmers from entering the city. The SC has issued notice to Central, Haryana, Uttar Pradesh, Delhi and Punjab governments in the petition, and also gave liberty to the petitioners to implead the organisations and unions representing the protesting farmers, reported B&B. The case will be heard again tomorrow, December 17.
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