Visibly upset at the Lakhimpur violence, the Supreme Court on Monday said it would decide if the right to protest is an “absolute right” and also whether farmers have the right to take to the streets when the issue of their protest – the three new farm laws — is in court.

The apex court was reacting to an incident whereby eight people, including four farmers, were killed in violent protests in an Uttar Pradesh district. 

Advertisement

Why are farmers continuing their protests even after challenging farm laws in court, the top court said when the Centre argued that there can be “no further farmer protests” as incidents like Lakhimpur Kheri could not be allowed.

Responding to a petition by a farmers’ group that wants to stage a protest at Jantar Mantar in Delhi, the apex court asked “Is the right to protest absolute?”

The three new farm laws have already been stayed. What are you protesting against, a bench of Justices A M Khanwilkar and C T Ravikumar. asked the farmers.

 Where is the question of going on protest once a party has already approached the court challenging the validity of the laws, it added.

When Attorney General K K Venugopal referred to the Lakhimpur Kheri incident in which eight people were killed on Sunday, the bench said nobody takes the responsibility when such incidents happen.

Solicitor General Tushar Mehta told the bench that once the matter is before the highest Constitutional court, nobody can be on the streets on the same issue.

The Centre is opposing another sit-in at the Jantar Mantar.

The central government, while arguing the matter opposed it, referring to Sunday’s violence.

“The events that took place in Lakhimpur Kheri yesterday… Eight died. Protests cannot happen like this,” said Attorney General K K Venugopal. He said that when laws are already being dealt with, then protests cannot go on. It leads to unfortunate incidents.”

The protesters were killed when violence broke out as a large group tried to stop a Union Minister’s visit to Lakhimpur Kheri for an event.

The apex court said it would examine the question on October 21 as it issued notice to over 40 farmer leaders and various farmers organisations, who are protesting against the three farm laws, at various Delhi-NCR borders.

The top court sought responses from over 40 farmers’ bodies and farm leaders, including Rakesh Tikait Darshan Pal and Gurnam Singh, on the Haryana government’s plea alleging that they have not been participating in talks with the state panel to defuse the issue of road blockade at Delhi borders.

Issue notice, Dasti as well, the bench said.

It agreed to issue the notice after Solicitor General Tushar Mehta, representing the Haryana government, said that the state had set up a committee to hold talks, but the protesters’ leaders refused to attend to meet it. The notice is necessary so that the leaders don’t say that they had no reason to come.

The Haryana government had filed an application to implead the farmer leaders and groups as additional respondents in a plea filed by a Noida resident against the road blockade by farmer groups.

Farmer leaders like Rakesh Tikait, Yogendra Yadav, Darshan Pal, Gurnam Singh etc are among those persons added as respondents by the Haryana government. 

The top court was hearing a plea filed by a farmers’ body protesting against the three new farm laws and seeking directions to authorities to allow it to stage ‘satyagrah’ at Jantar Mantar here.

Kisan Mahapanchayat’, the farmers and agriculturists body, and its president have also sought directions to the concerned authorities to provide space to at least 200 farmers or protestors of the body at the Jantar Mantar for organising peaceful and non-violent Satyagrah’.

The bench, which posted the matter for hearing on October 21, transferred to itself the plea, which was filed by the farmers’ body before the Rajasthan High Court challenging the validity of the three farm laws.

Several farmer organisations are protesting against the passage of three laws — The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, The Essential Commodities (Amendment) Act, 2020 and Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020.

Initially, the protests started from Punjab in November last year and later spread mainly to Delhi, Haryana, and Uttar Pradesh.

The top court has scheduled the matter for further hearing on October 20, just after the Dussehra break beginning next week.