SC takes offence at farmers’ aspersions but asks police to withdraw plea for restraining tractor march

SC takes offence at farmers’ aspersions but asks police to withdraw plea for restraining tractor march

FPJ BureauUpdated: Thursday, January 21, 2021, 10:39 AM IST
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Nihang Sikhs, devotees and farmers take part in ‘nagar kirtan’ during the protest at Singhu border in Delhi on Wednesday. | —ANI

New Delhi

The Supreme Court on Wednesday took "serious objection" to the aspersions cast on it as also on the experts' panel set up by it to resolve the dispute over the three farm laws and urged the protesting farmers to talk to the panel and restart agitation if the laws are upheld.

A 3-judge Bench headed by Chief Justice of India SA Bobde issued notice to the Centre on a plea by a farm union from Rajasthan seeking reconstitution of the panel since its senior most member Bhupinder Singh Mann (81) has resigned. The plea has been filed by the Bhartiya Kisan Union (Lokshakti) and Kisan Mahapanchayat.

Senior advocate Dushyant Dave and advocate Prashant Bhushan underlined that the Kisan Mahapanchayat is not one of the protesting unions.

Making it clear that the court has not given any adjudicatory powers to the panel as it is not to decide the issue but give its report to the Court after discussing with both side, the Chief Justice said: "No power has been given to committee members to adjudicate things, they have to report to us. Where is the question of bias? If you don't want to appear before the committee, don't appear but don't malign or brand anyone like this, don't cast aspersions on the court."

"We have serious objections to people whom we have appointed are being called names and that this court has interest in appointing them. What interest do we have other than decide on constitutionality? We will not expose people whom we appointed to be maligned this way based on public opinion by majority," he asked. An angry CJI said: "We don't understand. The Supreme Court appoints a committee and their reputation is torn to shreds.

For that matter, the CJI said every judge and lawyer have expressed some views in the past and are doing something different now. Does it not happen that people change their opinions after hearing contradictory points of view? Men of integrity do that."

On the petitions demanding reconstitution of the panel, he said: "Your basis is that all four people are disqualified. How do you come to that conclusion. They are brilliant minds in the field of agriculture. They are experts. How do you malign them because they have some views in the past?"

The CJI felt sorry about the kind of opinions expressed in newspapers, stressing the court does not decide on the basis of public opinion. "How can you play with people's reputation like this? We have serious objections in being called biased and in saying that the court was having interest. What interest? You malign people according to the majority opinion?" On a lawyer submitting that all panel members have expressed their views in leading newspapers, the CJI shot back: "Are we deciding on the basis of newspaper reports?" When the lawyer said it decides public opinion, the CJI said how many times he should state that the panel has not been given powers to adjudicate, but just listen to the protesters and give us a report. Where is the question of bias in that, he asked.

The Bench, also comprising Justices AS Bopanna and V Ramasubramanian, asked Delhi Police, right at the outset of the hearing, to withdraw its petition for restraining the farmers' tractor rally in Delhi on the Republic Day.

Tiller consumes poison, dies

A farmer who allegedly consumed a poisonous substance at the Tikri border died during treatment at a hospital here on Wednesday, police said. The deceased, Jai Bhagwan Rana (42), was a resident of Pakasma village in Rohtak, Haryana. He had consumed Sulphas tablets at the protest site at Tikri on Tuesday, they said.

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