NEW DELHI: The Supreme Court Wednesday expressed strong displeasure over the aspersions cast by some farmers’ unions on members of the court-appointed committee to resolve the impasse over new farm laws, saying no adjudicating authority has been given to the experts who would hear grievances and give report only.
Meanwhile, the hopes of Delhi Police to get a judicial order to stop the proposed tractor rally by the protesting farmers on the Republic Day in the national capital were dashed as the top court asked the Centre to withdraw the plea, saying it was a “police matter” and was not an issue for the “court to pass orders”.
A bench headed by Chief Justice S A Bobde issued notice and sought response of Attorney General K K Venugopal on a separate plea of Kisan Mahapanchayat, farmers body from Rajasthan, seeking removal of three remaining members of the apex-court appointed panel and the replacement of Bhupinder Singh Mann who had recused himself from the panel.
Taking note of submissions of a lawyer that opinions on the panel members have been formed on the basis of media reports about their pro-farm laws views, the bench said, “You people unnecessarily cast aspersions. People expressing views in some other context would be debarred from the committee?
“Everyone should have an opinion. Even judges have opinion. This has become a cultural thing. Branding people which you do not want has become a norm. We have not given Any power of adjudication to the committee”.
In a hearing conducted via video-conferencing, the bench, also comprising Justices A S Bopanna and V Ramasubramanian, said that experts have been appointed on the committee to look after the grievances of parties affected by the new law and moreover, “we are not the experts”.
“Where is the question of bias in this? We have not given adjudicating powers to the committee. You don’t want to appear is understandable, but casting aspersions on someone because he expressed his view is not done. You don’t need to brand anybody like this,” a visibly irked CJI remarked.
The controversy had erupted after the apex court appointed the four-member committee as some of the members had earlier reportedly expressed their views and favoured the contentious farm laws, following which one of the members had recused himself.
Lawyer Ajay Chaudhary, appearing for a farmers’ union, referred to news reports about the opinions of experts of the panel.
“Do you think, we go by newspaper. Public opinion is not the basis. How can you tarnish the image of someone like this? You all said that court was interested in this. I am very sorry the kind opinion which have been appearing in this press,” it said.
Lawyer Prashant Bhushan, appearing for some farmers’ unions, said that his clients have taken a stand that they will not participate in the meeting of the committee as they wanted the farm laws repealed due to the firm belief that they are against their interests.
The bench asked Bhushan to connsel the farmers and observed, “Suppose, we uphold the law then also you protest. You counsel them properly. The only rider is that ensure that people of Delhi are in peace.”
The bench, which though issued notice on the plea, took strong view of the aspersions and the plea that all the members be replaced.
“You say all the members to be disqualified. These four people who have expressed opinion are more experienced than the critics. They are the experts… Tell us, have you not come across people who have expressed opinions. You are an advocate..,” the bench asked to a lawyer for union.
On January 12, the top court had stayed the implementation of the contentious new farm laws till further orders and constituted the four-member committee to make recommendations to resolve the impasse over them between the Centre and farmers’ unions protesting at Delhi borders.
The members of the court-appointed committee were — Mann, National President of Bhartiya Kisan Union, All India Kisan Coordination Committee; Parmod Kumar Joshi, Director for South Asia, International Food Policy Research Institute; Ashok Gulati, agricultural economist and former chairman of the Commission for Agricultural Costs and Prices, and Anil Ghanwat, President of Shetkari Sanghatana.
Mann had recused himself from the committee after the controversy erupted.
The top court had on January 12 said it would hear the pleas against the farm laws after eight weeks when the committee would give its suggestions to resolve the impasse after talking to the protesters and the government.
Thousands of farmers, mainly from Punjab, Haryana and western Uttar Pradesh, are protesting at various border points of Delhi for over a month now against the three laws — the Farmers’ Produce Trade and Commerce (Promotion and Facilitation) Act, the Essential Commodities (Amendment) Act, and the Farmers (Empowerment and Protection) Agreement on Price Assurance and Farm Services Act.
Enacted in September 2020, the government has presented these laws as major farm reforms aimed at increasing farmers’ income, but the protesting farmers have raised concerns that these legislations would weaken the minimum support price (MSP) and “mandi” (wholesale market) systems and leave them at the mercy of big corporations.
The government has maintained that these apprehensions are misplaced and has ruled out a repeal of the laws. (AGENCIES)
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