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Live Updates SC LIVE UPDATES on ongoing hearing in case filed by Kisan Mahapanchayat

SC LIVE UPDATES Kisan Mahapanchayat

Oct 04, 2021

Bench: Considering fact that present petitioner already filed petition before Rajasthan HC, petition be heard along with the present writ petition. We direct Registry to immediately summon records of stated writ petition & register it as transferred writ to be heard on next date.

Bench: In meantime respondents in both writs to file their response if any. It will be open to UOI to file a consolidated reply.

Oct 04, 2021

Supreme Court to decide crucial issues regarding the ongoing farmers protests - Is the right to protest an absolute right and can farmers continue to exercise their right to protest when the petitions challenging the validity of the 3 farm laws are already pending before Court?

Oct 04, 2021

SC to see whether farmers have right to protest when issue of farm laws is sub judice. SC says it will decide if right to protest is an "absolute right"

Attorney General, for govt, says there should be no further protests to prevent unfortunate incidents like in Lakhimpur Kheri

Oct 04, 2021

Bench: Protest why when law is not in force at all? And court has kept it in abeyance. Law is made by Parliament, not government.

Bench says it will transfer the writ pending before Rajasthan HC and hear it.

AG: please make it clear they can’t continue the protests, unfortunate incidents happen.

Bench says it will transfer the writ pending before Rajasthan HC and hear it.

AG: yes, no more unfortunate incidents should take place

Bench: We’ve heard AG, who appeared pursuant to our order. We’ve heard petitioner counsel and SG. After hearing counsels, we deem it appropriate to examine principle issue as to whether right to protest is an absolute right.

Bench:.. &  more so writ Petitioner already having invoked the legal remedy before constitutional court by filing writ petition should be permitted or can assert, he can still resort to protest wrt to same subject matter already subjudice.

Oct 04, 2021

J Khanwilkar: Nobody takes responsibility when such events happen.

SG: Once matter is before highest constitutional court, no one should be on roads

Oct 04, 2021

AG: If Lordships wish to transfer case it may bring end to this 
Bench:Once matter is subjudice how will protest go on on same issue?

AG: a large other petitions have been filed.There should be no protests. An unfortunate incident happened yesterday at Lakhimpur

Oct 04, 2021

Bench: What’s the point of protesting at Jantar Mantar?

Counsel: UOI has enacted a law

Bench: then you come to law. You can’t do both, challenge a law and then go protest. Either come to court or go to parliament or go to Road.

Oct 04, 2021

J Khanwilkar: We are on principle, once you go to court and challenge executive action, how can same party say, that matter is before court, nevertheless i will still protest

Choudhary: Before High Court we challenged a particular act on premise of Constitutional provision.

J Khanwilkar: Its still intriguing, there’s no act in place at moment the act is stayed by court, government has assured they won’t give effect to it, protest is for what?

Bench: We will transfer your petition here itself and hear it! You’ve asserted you’ve challenged validity of act, we will decide the validity first, where’s question of protest.

Bench led by Justice Khanwilkar takes up the matter filed by Kisan Mahapanchayat

Adv Ajay Choudhary for Kisan Mahapanchayat: We have served copies to AG, we have also filed an affidavit.

Choudhary: We have stated that we are not involved in any blockage on any route. We have parted ways from other bodies after 26th jan incident

Bench seeks AG’s assistance

Bench: Once a party approaches the court challenging validity of Act, where is the question of holding protest?

AG: Your Lordships is right. You can’t arrive to two houses at same time. He has chosen his forum.

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