Farmers Have Right To Protest But Can’t Keep Roads Blocked Indefinitely: SC On Anti-Farm Laws Agitation

Senior Advocate Dushyant Dave, who is representing certain farmers’ associations, contended that roads were being blocked by the police and not farmers.

Representative Photo

New Delhi: The Supreme Court on Thursday commented that the farmers protesting against the contentious agrarian laws at Delhi borders have the right to agitate but they cannot block roads indefinitely.

A bench headed by Justice SK Kaul was hearing a PIL filed by a Noida resident Monicca Agarwal who had complained of delays in daily commute caused due to the road blockade owing to the ongoing farmers’ protests, news agency PTI reported.

The apex court stated that it was not against the right to protest even when the legal challenge is pending but ultimately some solution has to be found.

“Farmers have right to protest but they cannot keep roads blocked indefinitely. You may have a right to agitate in any manner but roads should not be blocked like this. People have right to go on roads but it cannot be blocked,” the bench also comprising Justice MM Sundresh said, as quoted by PTI.

In its report, Bar & Bench mentioned senior advocate Dushyant Dave, who is representing certain farmers’ associations, as contending that roads were being blocked by the police and not farmers.

“They are blocked by the police. After stopping us, the BJP had a rally at Ramleela Maidan. Why be selective,” he demanded, as quoted in the report.

Responding to the bench’s question, the senior advocate reiterated: “The roads have been blocked due to the way Delhi Police has made the arrangements. It suits them to allow a feeling that farmers are blocking the road. Let us come to Ramlila Maidan”.

The Supreme court has asked the farmer unions, who have been arrayed as parties in the case, to respond within three weeks on the matter and posted the case for the next hearing on December 7.

Farmers have been camping at the borders of the national capital to demand that the three agri laws be rolled back.

A few weeks ago, another Bench headed by Justice AM Khanwilkar had objected to farmers’ protests opining that since the agrarian laws have been legally challenged before the top court, farmers’ associations should not be protesting with respect to the same.

Since November last year, farmers mostly from Punjab, Haryana, and Uttar Pradesh have been demanding that the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Farmers’ (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020, and the Essential Commodities (Amendment) Act, 2020, be rolled back and a new law made to guarantee minimum support price for crops.

They fear the three contentious farm laws would do away with the Minimum Support Price system, leaving them at the mercy of big corporations, concerns dismissed by the union government.

Several rounds of talks between the farmers and the government have failed to break the deadlock.