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Updated on: Saturday, October 16, 2021, 11:46 AM IST

FPJ Legal: After Singhu violence, plea in Supreme Court seeks urgent hearing on removal of farm law protesters

The petition filed by Swati Goel and Sanjeev Newar also looks for issuance of guidelines to put a halt to all sorts of protests in their States until the pandemic gets over, by the Centre to the States and Union Territories.
Supreme Court of India | PTI

Supreme Court of India | PTI

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In the aftermath of Friday's incident of horrifying lynching of a Dalit man at the farmers protest site at Singhu border, an application has been filed before the Supreme Court of India for urgent hearing of their writ petition seeking the removal of Farm Law protestors.

The petition filed by Swati Goel and Sanjeev Newar also looks for issuance of guidelines to put a halt to all sorts of protests in their States until the pandemic gets over, by the Centre to the States and Union Territories.

"Said incidents are neither common, nor acceptable. A protest which in itself is illegal cannot be continued when it is witnessing anti humanitarian a humanitarian acts. The said protests has seen many unforeseen and unacceptable things including the Tractor Rally on Republic Day, rape of a woman and its cover up at the site and murder of Lakhbir Singh on Dusshera" the application read.

The application filed through Advocate Shashank Shekhar Jha, it has been asserted that the right to freedom of speech and expression cannot take over the right of life and if the protest is allowed to continue like this, India at large will be at loss.

"Not only pandemic, but the anti human activities happening in the name of protests including rape of a woman and killing and mutilating a Dalit man cannot be allowed to continue," the application said.

The petitioners also pointed out that at a time when there exists a ban on going to temples, attending schools and colleges and celebrating festivals, allowing such protests to take place will do no good.

"Protestors are not only putting their lives at risk but of millions of people of India and such prolonged agitation cannot be allowed especially during ongoing pandemic since prolonged protests on public places is not only a clear violation of Supreme Court rulings but is violating Right of Life of others who are directly or indirectly affected by the said protests", the application further said.

It states that the matter was scheduled for hearing on May 10, 2021 but was adjourned till may 13, 2021 owing to the crash of server of the supreme court. However, it couldn't be heard on 13th as well as the court couldn't not assemble on the date.

The hearing was then listed on May 31, 2021 but was adjourned to July 12, 2021 without any proceedings. However, it was not listed on July 12, 2021, the applicants states.

The Supreme Court is hearing another writ petition for clearance of the blockade caused due to farmers protests at Delhi-NCR highway. It is filed by a Noida-resident (Monicca Agarwaal V. Union Of India & Anr).

While hearing that plea, a bench led by Justice Sanjay Kishan Kaul had orally ruled that road blockades cannot go on forever and redressal of such issues should be brought through Parliamentary debates or judicial forum rather than from public protests.

The benches have sent notice to the leaders of farmers organizations in that plea and scheduled the case for hearing on October 20.

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Published on: Saturday, October 16, 2021, 11:46 AM IST
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