“It is a victory for fair play,” CJI said on Tuesday ( January 12 , 2020)while putting a hold on the three controversial farm laws until further orders.
The bench was headed by CJI Sharad Arvind Bobde, along with Justice A.S. Bopanna and Justice V.Ramasubramanian.
Along with the decision to hold the laws, the Supreme Court further said that a four member committee would be formed to look after the matter. The committee would be required to submit its report to the top court, on the basis of which the court will decide on whether the implementation of farm laws should be stopped or not.
CJI SA Bobde mentioned the names of Agricultural economist Ashok Gulati, Bhupinder Singh Mann, President BKU and All India Coordination Committee,Pramod Kumar Joshi (Director South Asia international Food Policy), Anil Ghanwat (Shethkari Sangathan) to be the members of the committee.
"These are matters of life and death. We are concerned with laws. We are concerned with lives and property of people affected by the agitation. We are trying to solve the problem in the best way. One of the powers we have is to suspend the legislation," the top court said.
The three farm laws, namely, Farmers' Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, Farmers (Empowerment and Protection) Agreement of Price Assurance and Farm Services Act, 2020 and Essential Commodities (Amendment) Act, 2020 have been in controversy since November when the Haryana farmers started the “Delhi Chalo” call. Farmers have been protesting in the capital city since then.
Despite the capital city experiencing the coldest days and nights and unexpected rains, the farmers have vowed not to back down and have refused to enter into any negotiations with the central government. They are firm on their demand for the repeal of the laws. Even the Agriculture Minister had held talks with the farmers but nothing worked.
The three judge bench clearly stated that it would not hear any argument regarding farmers not wanting to go to committee. The learned judges further said that farmers can protest indefinitely if they want. The top court also declined the farmers’ request to have the Prime Minister himself approaching them to hold negotiations.
“We are going to take the opinion of the organizations. We are forming the Committee so that we have a clearer picture,” the CJI said.
The farmers have gone on to say that the committee would not yield any results as the central government is unwilling to withdraw the laws. But Supreme Court too is firm not to take any decision before the involvement of the committee in the judicial proceedings.
"No power can prevent us from making committee to resolve the impasse on new farm laws," the top court has said earlier.
With this, CJI also said that it would not stop farmers from protesting as long as they are doing it peacefully.
It is a positive move by the top court and may lead to a solution, but only if the farmers would cooperate. It is high time that efforts should be made from both the sides. Only then the justice would prevail!
