'Right To Protest Should Not Impede Common Citizens' Right': SCBA President Urges CJI Chandrachud To Initiate Suo-Motu Action Against 'Erring' Farmers
|The President of Supreme Court Bar Association (SCBA), Senior Advocate Adish C. Aggarwala has written a letter to Chief Justice of India (CJI) D.Y. Chandrachud requesting to initiate suo motu action against the protest by farmers in Delhi.
The President has also requested to issue directions of “no adverse order” by courts due to farmers’ agitation.
The letter is written in respect of the farmers who are en route to Delhi from Uttar Pradesh, Haryana, and Punjab and are gearing up for a large-scale protest in the national capital today.
The said letter reads, “Earlier, in 2021 & 2022, three Delhi borders with the neighbouring States remained blocked for several months due to a similar protest, causing hardship to the general public. … It is also a matter of record that many persons died while trying to come to Delhi for better medical treatment but who could not reach Delhi hospitals in time due to road blockades.”
As per the letter, in light of today's farmers' protest, Delhi, Haryana, and Uttar Pradesh Police have heightened security measures at the Singhu, Ghazipur, and Tikri borders, setting up nails and road barricades to deter vehicles transporting protesters from entering Delhi. Additionally, cranes and earthmovers are being employed to place large containers on the roads to obstruct their free passage into the Union Capital.
“Last night, three Central Government Ministers had a meeting with farmers in Chandigarh and the Central Ministers said that a consensus was reached on most issues and a formula was proposed for resolving some other issues through the formation of a Committee. "We are still hopeful that farmer bodies will hold talks. We will try to resolve these issues in the coming days," a statement by the Government said”, it further reads.
The letter claims that such a protest is politically motivated ahead of forthcoming Parliament election. The President states that even if the farmers have genuine demands, they don’t have the right to put the general public to hardship and this is the right time when the Supreme Court should act suo motu and ensure that these farmers don't create any nuisance and cause huge inconvenience to the general public.
“Their right to protest should not be allowed to impede the common citizens' right to lead their lives without any problem. … By not accepting the offer of the Govt. of India, suggested at last night's talks, the so-called leaders of the farmers have decided to move to Delhi only to create problems to people of Delhi, Haryana, Punjab, Uttar Pradesh, Rajasthan, Uttarkhand, Jammu & Kashmir and Himachal Pradesh. If they are still adamant on protesting, they should protest in their native places”, it also reads.
The President further claims that the lawyers, not only those who practice in the Supreme Court but also those who practice in the Delhi High Court, different Commissions and Tribunals and the District Courts, will be facing huge challenges to attend court proceedings.
“I request Your Lordship to issue requisite instructions to all concerned not to pass any “adverse orders due to non-appearance in any matter” listed before above mentioned courts till there are obstacles in free movement of the public on Delhi borders due to farmers’ agitation”, he added.
Therefore, it has been requested to take suo motu action against the erring farmers for forcibly trying to enter Delhi in a bid to create nuisance and disturb the daily life of citizens.