‘They don’t have the right…’: Bar Association President calls for Supreme Court’s suo motu action against farmers for protest

Farmers protest: Supreme Court Bar Association President Dr Adish C Aggarwala has written to Chief Justice of India DY Chandrachud to take suo motu action against the protesting farmers who are marching towards Delhi on Tuesday. Delhi and Haryana Police have imposed Section 144 and have fortified the borders with concrete blocks, barbed wires etc to stave off the farmers demonstration. 

Aggarwala, highlighting the 2021 and 2022 farmers protests said that Delhi borders remained blocked for several months “causing hardship to the general public”. He said that many people trying to reach Delhi for treatment died en route as they could not reach on time due to the blockades. 

He said that the farmers’ protest is politically motivated ahead of the upcoming general elections. 

“Even if the farmers have genuine demands, they don’t have the right to put the general public to hardship. This is the right time when the Hon’ble 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,” he said. 

By not accepting the government’s solution to their demands, the farmers are only moving to Delhi to “create problems to people of Delhi, Haryana, Punjab, Uttar Pradesh, Rajasthan, Uttarakhand, Jammu & Kashmir and Himachal Pradesh”, he said in his letter to the CJI. “If they are still adamant on protesting, they should protest in their native places,” said the SC Bar Association President. 

Aggarwala said that due to the blockades it is likely that lawyers of the Supreme Court, Delhi High Court, different commissions, tribunals and district courts might face huge challenges in attending the court proceedings. He urged the CJI to not pass any “adverse orders due to nonappearance in any matter” till the obstacles are removed for free movement of the public on Delhi borders. 

“I further request Your Lordship 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,” he added.

Farmers unions Samyukta Kisan Morcha (Non-Political) and the Kisan Mazdoor Morcha have announced that they will start the march to Delhi at 10 am on Tuesday. Delhi and Haryana borders have been fortified against the demonstration. The unions, unconvinced of the government’s intent to help the farmers, said, “We do not think the government is serious about any of our demands. We do not think they want to fulfill our demands.”

Also read: Farmers’ protest: Section 144 imposed, multilayer barricades, paramilitary personnel deployed; a lowdown on the Delhi Chalo march

Also read: Farmers to continue 'Delhi Chalo' march after 'inconclusive' talks with Centre, airport issues advisory