"There Are Far More Urgent Matters": SC While Adjourning Kisan Mahapanchayat's Plea For Permission To Protest At Jantar Mantar

The Supreme Court today adjourned the plea filed by Kisan Mahapanchayt seeking issuance of directions to the Central Government, Lieutenant Governor and Commissioner Delhi Police to allow the Mahapanchayat to stage Satyagraha at Jantar Mantar.

The Court said that they are not inclined to hear it and indicated that the issue raised in the petition does not survive and the petition has become infructuous and there are far more urgent matters for the Court to adjudicate. 

The bench of Justice K.M. Joseph and Justice B.V. Nagarathna observed, "No, we are not inclined to hear it now... there are far more urgent matters" and adjourned the matter to the month of September 2023.

Advocate-on-Record Ajay Choudhary appearing for the petitioner submitted that they still seek to protest on the issue of Minimum Support Price to be fixed by the Government.

"We want to stage protest. They don’t give us permission", the lawyer submitted.

"Protest about what?", Justice Joseph asked. Minimum Support Price, replied the lawyer. 

"Even before the Acts were passed, we have been pursuing the cause of the Minimum Support Price", the lawyer submitted. However, the Bench was not inclined to consider the matter. 

The petition filed by Kisan Mahapanchayat, a body of farmers and agriculturists sought direction to provide space to at least 200 farmers/protestors of the Mahapanchayat at Jantar Mantar for organising Satyagraha and a direction to the Respondents not to stop the agitators from proceeding towards Jantar Mantar to carry out indefinite Satyagraha.

The plea stated that the permit shall be granted to them as given to Sanyukt Kisan Morcha farmers.

According to the petition, the action of the Respondents in detaining the petitioners or ‘Satyagrahis’ for the whole day when they are protesting peacefully and in an orderly fashion as per Covid Norms proceeding for the designated place to hold Satyagrah as per the Standing Order of Delhi Police, is violative of Articles 14, 19 and 21 of the Constitution of India.

On October 1, 2021, the Supreme Court asked the petitioner to file an affidavit declaring that they are not part of the protest, which is being carried out by blocking the national highways at the borders of the city. The Court remarked that "you strangulated an entire city and now you want to enter in". The Court in its order noted that "the petitioners to file affidavit through email declaring that they are not part of the protest which is being carried on for blocking the national highways at the borders of the city".

Further, the Bench of Justice A.M. Khanwilkar and Justice CT Ravikumar on October 4, 2021, while expressing displeasure that some groups are holding protests after they have already challenged the farm laws before the Court observed in their orders that "to examine the central issue as to whether the right to protest is an absolute right and, more so, the writ petitioner having already invoked the legal remedy before the Constitutional Court by filing writ petition, can be permitted to urge much less assert that they can still resort to protest in respect of the same subject matter which is already sub-judice before the Court."

Several farmer organisations were protesting against the passage of three laws -- The Farmers Produce Trade and Commerce (Promotion and Facilitation) Act, 2020, The Essential Commodities (Amendment) Act, 2020 and the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act, 2020 which were subsequently repealed by the central government. 

Cause Title: Kisan Mahapanchayat & Anr. v. Union Of India & Ors.