The Supreme Court on Monday decided to examine a largerconstitutional issue, if there can be an absolute right to protest by thefarmers against the three agriculture laws, against the backdrop of stay on thelaws by the top court.
It also queried a farmers' body, when the top court hasalready stayed the three farm laws, why there is protest against thelegislation?
A bench of Justices A.M. Khanwilkar and C.T. Ravikumarobserved where is the question of going on protest once a party has alreadymoved the court challenging the validity of the laws.
"Choose either you come to court or go on road toprotest..," it told counsel, advocate Ajay Choudhary representing afarmers' body.
Counsel submitted that hearing is not progressing on thepleas challenging the validity of three laws.
Attorney General K.K. Venugopal, representing the Centre,submitted when the matter is sub judice, there should not be any protest on it.
"A large number of pleas (challenging the farm laws)have been filed... an unfortunate event happened at Lakhimpur Kheri," hesubmitted.
At this, the bench replied: "When such eventshappen, nobody takes the responsibility."
Solicitor General Tushar Mehta submitted that once thematter is before the highest constitutional court, nobody can be on the streetson that issue. The bench noted nobody takes responsibility when there is lossof public property and harm is caused to life.
"It has been kept in abeyance by the court. The lawwas passed by the Parliament, not by the government", said the bench,noting that petitioner farmer body has not gone on protest on road so far.
The AG said: "No more unfortunate incidents shouldtake place."
The bench noted that no one other than the court candecide the validity of the farm laws. "When that is so, and when farmersare in court challenging the laws, why protest on street," it asked.
The bench said it will examine the principal issue,whether right to protest is an absolute right? It added when the petitioner hasalready a writ petition, can he be permitted to still resort to protest whenthe matter is sub-judice.
As counsel said a petition has already been filed beforethe Rajasthan High Court against the laws, the bench queried: "It is stillintriguing, there is no Act in place at moment.. The Act has been stayed by thecourt..protest is for what?"
Choudhary submitted that debate, dialogue and protest cansimultaneously go on in such matters.
The bench said it would transfer the pending matterbefore Rajasthan High Court to it and decide on the validity of the protest,and scheduled the matter for further hearing on October 21.
The top court was hearing a plea filed by KisanMahapanchayat seeking directions to authorities to allow it to stage a'satyagraha' at Jantar Mantar, in the capital, against the three farm laws.
The 'Kisan Mahapanchayat', the farmers and agriculturistsbody, and its President have also sought directions to authorities to providespace for at least 200 farmers or protestors to organize a peaceful andnon-violent 'Satyagraha', at Jantar Mantar.