'Redressal Can Be Through Judicial Form': SC On Farmers Blockade At Delhi UP Highway

The apex court said the "redressal of problems can be through judicial forum, agitation or parliamentary debates”.

Farmers shout slogans as they block an expressway as part of protests against farm reforms during Bharat Bandh protests, at KMP Expressway in Sonipat, Haryana, Monday, Sep 27, 2021.(PTI Photo)

New Delhi: Referring to road blockades by the farmers protesting at the borders of the national capital against the three farm laws passed last year, the Supreme Court on Thursday wondered how can highways be blocked perpetually.

The apex court said the "redressal of problems can be through judicial forum, agitation or parliamentary debates”.

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“But how can the highways be blocked and this is happening perpetually. Where does this end?” added an apex court bench of Justices Sanjay Kishan Kaul and M.M. Sundresh.

The apex court permitted the Central government to file a formal application to make the farmer unions party to the plea seeking opening of the road blockade at Delhi-Uttar Pradesh border at UP Gate.

The apex court also asked Additional Solicitor General K.M. Nataraj what is the government doing in the matter.

Nataraj on his part said that they had convened a meeting with the protesting farmers, adding the details have been mentioned in the affidavit.

 “We may lay down a law but how to implement the law is your business. The court cannot implement it. It is the executive who has to implement it,” the apex court said, PTI reported.

Solicitor General Tushar Mehta said that it is the executive’s duty to implement it.

“When we lay down the law, you will say it is encroachment and we trespassed into the domain of the executive. This has ramifications but there are also grievances which need to be addressed. This cannot be a perpetual problem,” the apex court said.

The Solicitor General said that when it is invited then it will not be encroached upon.

He added that a three-member committee was formed at the highest level to address the grievances but the farmers’ representatives refused to join in the discussions.

Mehta further said the apex court should allow the petitioner to make the farmers union party to the petition so that they later do not say that they were not made parties in the matter.

The apex court bench told the Solicitor General that it is he who will have to move an application for making the farmers’ representative party as the petitioner, adding a private individual may not know who their leaders are.

“If you feel that someone is to be made party, you will have to make a request. You move a formal application giving details about the steps taken to resolve their grievances and how the impleadment of representatives of farmers will help in the resolution of the dispute,” the bench said.

Hearing a plea of a Noida resident Monicca Agrawaal, who has sought removal of blockade saying that earlier it took 20 minutes to reach Delhi and now it is taking over two hours and people of the area are facing hardships due to protests at the UP Gate on Delhi border, the apex court listed the plea for hearing on October 4.

The Solicitor General said they will file the application by Friday.

The Supreme Court had earlier on August 23 said that the Central government and the neighbouring states of Delhi should find a solution to road blockades on the borders of the national capital due to the farmers’ protest.

The farmers mostly from Punjab, Haryana and Uttar Pradesh have been protesting since November last year 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.

The farmers fear the three contentious farm laws would do away with the Minimum Support Price system, leaving them at the mercy of big corporations.

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