The Supreme Court on Tuesday issued notice to the Centre on filing up the vacancy in four-member committee arising because of resignation of B.S. Mann. The Supreme Court also refused to entertain Delhi Police application seeking to restrain farmers from taking out tractor rally in Republic Day in Delhi. Whether to allow tractor rally or not, is solely within the police domain, the Court said.
During the hearing appearing for the Delhi police, Attorney General K.K. Venugopal said: “Our application is there to injunct the march. 5,000 tractors are being brought.” The CJI said: “We are not passing such orders. It’s highly irregular for the court to pass orders to allow or disallow a rally. It’s for police to pass such orders. We will allow you to withdraw the plea and take a decision. You are the authority.”
Appearing for Kisan Mahapanchayat advocate Ajay Choudhary said: “We have filed application.” The CJI said: “We want to be clear who are the ones who have rejected the Constitution of the committee itself. That has nothing to do with opposition to the specific members. The committee does not have any power of adjudication. Where is the apprehension of bias?
“We are not addressing the farmers here. We are addressing the Counsel. You should understand. There is no power to adjudicate. They have power to listen to everyone and give a report to us. How is there bias?” the CJI added.
The CJI also said: “If you don’t want to appear before the Committee, we are not forcing you, but there is no need to brand people and malign them, and at the same time you cast aspersions on the court.”
Advocate Prashant Bhushan, appearing for the farmers organisation, said: “Our clients have taken a stand that we do not wish to participate in any committee.”
The CJI said: “You were not there. Mr Dave had asked for time to argue. But the next day he was not there. We remember very clearly. You said don’t pass any orders today give us time. We listed it the next day at your request.”
Appearing for farmers organisation, senior advocate Dushyant Dave said; “We didn’t know you would hear it. Your order said it’s listed for orders.”
The CJI said: “Please don’t escalate the issue. You’re vitally interested in the matter you should have appeared. You did not appear.”
Dave replied and said: “I apologise. There was a genuine understanding on our part that the matter is for orders only.”
CJI said: “You’re normally happy to appear we don’t know why you didn’t appear that day.”
Kisan Mahapanchayat advocate Ajay Choudhary said: “Our request is to change the committee. One of the members has recused. The committee should be expanded.”
The CJI asked: “So you want committee to be reconstituted?” Choudhary replied and said: “The four members have already expressed their opinions regarding the laws. We want that persons in the Committee should have an open mind.”
The CJI observed: “You people unthinkingly cast aspersions on people. Just because someone expressed an opinion you say he is not qualified? You cannot drag people like this! You want that someone should not have an opinion at all? Even judges have an opinion but some judges deliver opinion on the other side. We don’t understand this.”
“This has become almost a cultural thing now—branding people who you don’t like,” the CJI added.
Advocate Choudhary said there were news reports. The CJI said: “What do you mean read newspaper? Are you going to adjudicate on newspapers? Public opinion is important, but it is not determinative for the court.”
“If you can muster public opinion that can malign someone that doesn’t mean it will affect the court. We have Judgments saying public opinion cannot say whether someone is biased. We have serious objection to our appointed committee members being called names. We want committee to tell us what clauses have a problem.” The CJI added
The CJI further said: “Anyway we are issuing notice on your plea.AG to file reply on plea to reconstitute committee.”
The CJI asked Bhushan to counsel farmer unions to maintain peace at the tractor rally. The AG said 5,000 tractors entering the city cannot possibly stay on the road marked. They will go all over the city.
The CJI observed that “your authorities should decide on the route. These are matters which are purely in the power of the administration. We trust Mr Bhushan’s statement that it will be peaceful.”
The AG said: “There was a function by the Haryana CM and the farmers destroyed the pandal. Mr Bhushan may assure but he cannot guarantee that nothing will happen.”
The CJI asked Prashant Bhushan: “We are asking you to see what solution can be found. It may not be enough for you to present your client’s perspective. We are asking you to counsel them in a way that brings about peace. We want a resolution to this dispute.”
Bhushan replied and said: “The farmers’ unions are convinced that these laws need to be repealed so they’re saying we don’t want to discuss amendments because the laws were passed without holding any prior consultation, or committee or even discussion in the parliament.”
The CJI asked on democracy, other than repeal, the way of setting aside legislation is by court. The court has stayed that law. So, the law is not in force right now.
Bhushan replied they are worried. “The protest is a way to put democratic pressure. They fear that if they go away the pressure will go away. And if the court comes to the conclusion that there is nothing legally wrong with the laws and they are Constitutional then what happens.”
The CJI said: “All we can say is that if we uphold the laws then you start the agitation. You should counsel them to ease down.”
Bhushan replied: “I have also been counseling them over the tractor rallyBut they are saying we are only celebrating republic day. There will be no breach of peace.”
The top court was hearing a plea by Delhi Police seeking an order against the farmers’ proposed tractor rally on the Republic Day.