The hearing of the Supreme Court has been adjourned for theday and will continue tomorrow. Read the timeline of the hearing here at TrueScoop News.
11 Jan 2021, 12:09 PM:
The Supreme Court is considering a batch of petitionsseeking removal of protesting farmers from Delhi borders. Also, another batchof petitions which are challenging the three farm laws is listed for the bench.The bench is headed by the Chief Justice of India (CJI), SA Bobde and SolicitorGeneral of India (SGI) Tushar Mehta is appearing for the Centre.
11 Jan 2021, 12:16 PM:
The issue is taken up and the CJI rebukes the SGI for theway the government has chosen to handle the farmer protests and expressesreservations about the consultative process followed noting that why is anentire state protesting if due process was followed.
11 Jan 2021, 12:10 PM:
The reprimands continue and the CJI expresses disappointmenton the negotiations’ outcomes.
11 Jan 2021, 12:10 PM:
The AG clarified that the laws have been implemented as afollow-through to the recommendations of an expert committee which advised forremoval of restrictions in the APMC system and permit direct marketing. Also,it was observed that the same had been concluded during the last government.
11 Jan 2021, 12:20 PM:
The SGI observes the flaws in the APMC regime backed by numerousexpert committees. Also, that the talks between the Centre and the protestingfarmers are underway and will continue.
11 Jan 2021, 12:25 PM:
The CJI noted the SGI’s clarifications but countered thatthe situation at hand now is a very delicate one. The CJI also noted thefutility of assigning any role to the previous government and emphasised thatthe Supreme Court’s aim is to bring about an amicable solution. To this end,the Supreme Court has asked the government to consider staying of the farmlaws.
11 Jan 2021, 12:29 PM:
The CJI challenged the government’s rationale in making theimplementation of the three farm laws a prestige issue. The CJI framed thestaying of the laws as a responsibility of the government, and gives anultimatum that the Court will ask the farmers to negotiate sincerely only afterthe government does that.
Further, the Court threw its weight around claiming that theCourt will stay the laws and asks what the problem in not implementing the lawis.
11 Jan 2021, 12:35 PM:
The CJI also challenged the farmers and observed they oughtnot to deploy senior citizens and women in the protests. It was also noted thata wide representation of other farm bodies are supporting the farm laws. So, thequestion becomes as to why should those farmers be denied the benefits accruedfrom the three farm laws.
11 Jan 2021, 12:37 PM:
The CJI responds that the ones that are in favour of thethree farm laws inform the same to the expert committee which the Court isproposing.
11 Jan 2021, 12:40 PM:
The CJI observes that because the farmers want a blanketcancellation of the farm laws while the govt. Wants to rectify any grievances,thus the talks are not being fruitful. The CJI proposes stay of the farm laws,and then mediation by an expert committee.
11 Jan 2021, 12:43 PM:
The CJI upheld the right of every individual to protest andgave the prerogative to the farmers to decide the venue of the protests. Next,the Court observed that the situation is ripe for violence, and all concernedwill be responsible.
The CJI continued that thus they cannot stop the protestsbut will enquire from the farmers their reasons for continuing to protest attheir current venues. Further, the court will request the farmers to approachthe expert committee and accept its report and proceed from there.
11 Jan 2021, 12:49 PM:
The AG observes that the laws are constitutional and three precedentssupport that the laws cannot be stayed in this fashion, requesting the Courtnot to stay the laws.
11 Jan 2021, 12:53 PM:
To this, the Court responds that since the govt.’s laws havecreated the stir, they must take the responsibility.
11 Jan 2021, 12:56 PM:
The AG noted the benefits of the laws for the farmers andthat only two or three states from the entire nation were protesting.Furthermore, the farmers recently damaged property and also media personnelwere assaulted.
11 Jan 2021, 01:00 PM:
The Court denied any association with lawbreakers.
11 Jan 2021, 01:11 PM:
The AG notes the farmers’ threat to drive thousands oftractors onto Rajpath on what is supposed to be a Republic Day, to whichDushyant Dave representing farmers claims that no such plans are underway. Itis pertinent to note that an army of over 2,000 tractors have been deployed atthe border.
11 Jan 2021, 01:14 PM:
The CJI equates the farmers’ protest to Gandhiji’sSatyagraha movement, and supports the farmers in their right to protest. To be reasonable,the court shares its idea of staying the implementation and not the law,reminding everyone its authority to do the same.
11 Jan 2021, 01:16 PM:
The AG pleads that the sanctity of the Republic Day beupheld and to make the farmers accountable, Dushyant Dave’s submission be takenon record.
To this, Dushyant Dave notes that farmers have one personfrom each of their families in the Army, why would the desecrate the RepublicDay Parade? Further he put forward farmers’ request to move to Ramlila Maidan.
11 Jan 2021, 01:18 PM:
The AG asked if the Court would be willing to wait for thegovernment-farmer meeting result, to which the Court observed its opinion of anineffectual government handling of the issue.
11 Jan 2021, 01:20 PM:
The Court observed that the government has given sufficienttime already and again raised the question of responsibility in case bloodshedbegins.
Dushyant Dave challenges the earnestness of the governmentand asks it for a special joint session of the parliament to discuss the issue.
11 Jan 2021, 01:34 PM:
Harish Salve notes that peace is being threatened by a verylarge organized group and mentions banners of foreign groups, noting furtherthat the stay of the laws ought to be balanced by some assurances from thefarmers.
11 Jan 2021, 01:31 PM:
Dushyant Dave expressed his inability to agree to SupremeCourt recommended committee without talking to the farmer unions first.
11 Jan 2021, 01:47 PM:
Harish Salve, too, brings up the reasonableness of having someassurances from the farmers too in exchange for a stay.
To this, the Delhi Government observes that the ego of theCentral Government is preventing a fair dialog.
11 Jan 2021, 01:51PM:
The Supreme Court notes that at a future date, it will askfarmers if they want to continue to sit on the roads or move to a differentvenue for protesting.
11 Jan 2021, 02:04 PM:
The farmers’ leaders have welcomes the Court’s suggestion tostay the laws and look forward to the same. However, joining the Court’srecommended committee is something they will need time to deliberate.
The Court notes that the paramount consideration is the lossof life and property. Further, once the laws are stayed, there is no ground forprotests to continue. However, if the protestors are willing to takeresponsibility for damage to life and property, they may continue theirprotests.
11 Jan 2021, 02:10 PM:
The Court notes that everyone is welcome to enjoy theRepublic Day Parade, but the peace in Delhi seems precarious because of a largenumber of farmers accumulated at the Delhi borders.
Also, the CJI wants the elderly, women, and children to gobck aand will route this request via farmers’ lawyers.
11 Jan 2021, 02:17 PM:
The AG notes that since the court cannot directly stay thelaws, thus it cannot do the same indirectly.
Further, the AG observes that will the farmers leave their requestto repeal the three farm laws and come up with specific issues and particularclauses they have issues with. If the farmers do not agree to clause by clausediscussions, the AG noted the inevitable failure of the committee.
11 Jan 2021, 02:20 PM:
The Court expresses its hope and trust for assurance from farmerson detailed discussions and clarified that it does not intend to create analternative platform for the farmers to protests.
Then, the Court invites suggestions on former CJI to leadthe committee to which Dushyant Dave recommends the name of former CJI JusticeLodha.
To some point, the SC chides that the government has alreadybeen given a lot of time and the latter should not teach the SC about patience.
11 Jan 2021, 02:22 PM:
The SG requests the Court that an injuction must be passedthat the Republic Day Parade will not be disturbed and even no aircraft beallowed to fly over Delhi. Further, standing orders be issued that the Paradebe not disturbed.
11 Jan 2021, 02:12 PM:
The day’s hearing concludes as the CJI rises. The hearing islikely to be continued tomorrow.