The hearing of the Supreme Court has been adjourned for the day and will continue tomorrow. Read the timeline of the hearing here at True Scoop News.
11 Jan 2021, 12:09 PM:
The Supreme Court is considering a batch of petitions seeking removal of protesting farmers from Delhi borders. Also, another batch of 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 Solicitor General 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 the way the government has chosen to handle the farmer protests and expresses reservations about the consultative process followed noting that why is an entire state protesting if due process was followed.
11 Jan 2021, 12:10 PM:
The reprimands continue and the CJI expresses disappointment on the negotiations’ outcomes.
11 Jan 2021, 12:10 PM:
The AG clarified that the laws have been implemented as a
follow-through to the recommendations of an expert committee which advised for
removal 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 numerous expert committees. Also, that the talks between the Centre and the protesting farmers are underway and will continue.
11 Jan 2021, 12:25 PM:
The CJI noted the SGI’s clarifications but countered that the situation at hand now is a very delicate one. The CJI also noted the futility of assigning any role to the previous government and emphasised that the 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 farm laws.
11 Jan 2021, 12:29 PM:
The CJI challenged the government’s rationale in making the implementation of the three farm laws a prestige issue. The CJI framed the staying of the laws as a responsibility of the government, and gives an ultimatum that the Court will ask the farmers to negotiate sincerely only after the government does that.
Further, the Court threw its weight around claiming that the Court will stay the laws and asks what the problem in not implementing the law is.
11 Jan 2021, 12:35 PM:
The CJI also challenged the farmers and observed they ought not to deploy senior citizens and women in the protests. It was also noted that a wide representation of other farm bodies are supporting the farm laws. So, the question becomes as to why should those farmers be denied the benefits accrued from the three farm laws.
11 Jan 2021, 12:37 PM:
The CJI responds that the ones that are in favour of the three farm laws inform the same to the expert committee which the Court is proposing.
11 Jan 2021, 12:40 PM:
The CJI observes that because the farmers want a blanket cancellation 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 and gave 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 concerned will be responsible.
The CJI continued that thus they cannot stop the protests but will enquire from the farmers their reasons for continuing to protest at their current venues. Further, the court will request the farmers to approach the 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 precedents support that the laws cannot be stayed in this fashion, requesting the Court not to stay the laws.
11 Jan 2021, 12:53 PM:
To this, the Court responds that since the govt.’s laws have created the stir, they must take the responsibility.
11 Jan 2021, 12:56 PM:
The AG noted the benefits of the laws for the farmers and that only two or three states from the entire nation were protesting. Furthermore, the farmers recently damaged property and also media personnel were 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 of tractors onto Rajpath on what is supposed to be a Republic Day, to which Dushyant Dave representing farmers claims that no such plans are underway. It is pertinent to note that an army of over 2,000 tractors have been deployed at the border.
11 Jan 2021, 01:14 PM:
The CJI equates the farmers’ protest to Gandhiji’s Satyagraha 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 be upheld and to make the farmers accountable, Dushyant Dave’s submission be taken on record.
To this, Dushyant Dave notes that farmers have one person from each of their families in the Army, why would the desecrate the Republic Day 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 the government-farmer meeting result, to which the Court observed its opinion of an ineffectual government handling of the issue.
11 Jan 2021, 01:20 PM:
The Court observed that the government has given sufficient time already and again raised the question of responsibility in case bloodshed begins.
Dushyant Dave challenges the earnestness of the government and 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 very large organized group and mentions banners of foreign groups, noting further that the stay of the laws ought to be balanced by some assurances from the farmers.
11 Jan 2021, 01:31 PM:
Dushyant Dave expressed his inability to agree to Supreme Court recommended committee without talking to the farmer unions first.
11 Jan 2021, 01:47 PM:
Harish Salve, too, brings up the reasonableness of having some assurances from the farmers too in exchange for a stay.
To this, the Delhi Government observes that the ego of the Central Government is preventing a fair dialog.
11 Jan 2021, 01:51 PM:
The Supreme Court notes that at a future date, it will ask farmers if they want to continue to sit on the roads or move to a different venue for protesting.
11 Jan 2021, 02:04 PM:
The farmers’ leaders have welcomes the Court’s suggestion to stay the laws and look forward to the same. However, joining the Court’s recommended committee is something they will need time to deliberate.
The Court notes that the paramount consideration is the loss of life and property. Further, once the laws are stayed, there is no ground for protests to continue. However, if the protestors are willing to take responsibility for damage to life and property, they may continue their protests.
11 Jan 2021, 02:10 PM:
The Court notes that everyone is welcome to enjoy the Republic Day Parade, but the peace in Delhi seems precarious because of a large number of farmers accumulated at the Delhi borders.
Also, the CJI wants the elderly, women, and children to go bck aand will route this request via farmers’ lawyers.
11 Jan 2021, 02:17 PM:
The AG notes that since the court cannot directly stay the laws, thus it cannot do the same indirectly.
Further, the AG observes that will the farmers leave their request to repeal the three farm laws and come up with specific issues and particular clauses they have issues with. If the farmers do not agree to clause by clause discussions, 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 farmers on detailed discussions and clarified that it does not intend to create an alternative platform for the farmers to protests.
Then, the Court invites suggestions on former CJI to lead the committee to which Dushyant Dave recommends the name of former CJI Justice Lodha.
To some point, the SC chides that the government has already been 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 passed that the Republic Day Parade will not be disturbed and even no aircraft be allowed to fly over Delhi. Further, standing orders be issued that the Parade be not disturbed.
11 Jan 2021, 02:12 PM:
The day’s hearing concludes as the CJI rises. The hearing is likely to be continued tomorrow.